B N VADIRAJA Vs. MUMTAZ AHMED

JUDGEMENT

(1.) THIS revision petition is filed against the order passed by the IV additional District and Sessions Judge, Bijapur Educational Appellate tribunal No. V, dated 6-12-1999 dismissing E. A. T. Appeal No. 6 of 1996 filed by the revision petitioner.

(2.) THE facts, which are relevant for the disposal of this revision petition are briefly stated as follows: the petitioner was appointed as Senior Tutor in the Department of pharmacology, Al Ameen Medical College, Bijapur, on 7-5-1993 through its letter of appointment-Ex. D-1 on probation for a period of 12 months. The said order of appointment was issued by the Secretary on behalf of the Management of Al Ameen Medical Trust, Bangalore. Under the terms of the appointment, the period of probation can be extended for a further period of 12 months if his work is found not satisfactory or his services may be terminated. One of the terms of the appointment order is that during his tenure of service he may, at any time, be transferred to any other, place of work maintained by A1 Ameen Medical Trust or A1 ameen Charitable Fund Trust or any sister concern. The petitioner joined duty in the Al Ameen Medical College, Bijapur, on 19-5-1993 as senior Tutor and he served at the said college till 28-7-1995. His probation period was not declared after the expiry of the period of one year and his two annual increments were also held up by respondent 1. On 25-7-1995 an incident of vulgar language abusing and manhandling of him by 8 to 10 non-teaching staff of the college occurred. This was followed by two more complaints lodged by the petitioner about the misconduct of the said persons on 27-7-1995 and 28-7-1995. The next day i. e. , 29-7-1995 the petitioner was directed by the in charge Principal of the College to go on one month's compulsory leave with immediate effect. By another letter dated 30-8-1995 he was informed by respondent 2-Principal of the said College to extend his Earned Leave for a further period of 15 days. The petitioner then wrote to the Principal-respondent 2 that he is not willing to go on Earned Leave as he would need it later on and requested him to permit him to join his duty. Respondent 2 did not reply to the said letter of the petitioner when the petitioner met respondent 4-Head of the Department of Pharmacology, he did not allow him to join his duties. The petitioner was informed by respondent 4 that his leave has been extended for a further period of 1 month on oral instructions of in charge Principal Dr. J. M. Desai. When the petitioner met Dr. J. M. Desai, the in charge Principal he was told that his leave has been extended for a further period of one month on telephonic instructions from respondent 1. On 16-10-1995, respondent 2 gave a letter to the petitioner which stated that he is sending the petitioner to report to respondent 2- Administrator for taking further needful action. When he petitioner met respondent 1 at Bangalore on 18-10-1995 he was told that his services are terminated and that he can accept 3 months salary or work at Al Ameen Hospital, Bangalore, for 3 months. Respondent 2 gave the petitioner a letter dated 26-10-1995 that he has been transferred to Al Ameen Hospital, Bangalore, with the instructions to report there. But the petitioner could not understand whether his transfer was a regular process or it was only for a period of 3 months as told by respondent 1 on 18-10-1995. Hence petitioner addressed a letter dated 28-10-1995 to respondent 1 requesting him to clarify this point and also requesting him to sanction 56 days of Earned Leave at his credit on grounds of his family problems from 27-10-1995 to 21-12-1995. But respondent 1 did not reply to the said letter of petitioner in this, regard. But there was no reply by respondent 1 to this letter also. Again, petitioner wrote a letter reminding contents of his earlier two letters and also requesting him to sanction leave loss of pay from 22-12-1995 to 22-2-1996. Respondent 1 finally, replied by another order dated 29-12-1995 to the petitioner stating that he has remained absent unauthorisedly that his letters will not be taken cognizance of and he should not expect any response in future from that office. Respondent 1 has also written in the said letter that the petitioner would have been considered a staff member only if he had reported for duty to him at Bangalore after relief at Bijapur on 26-10-1995. The petitioner, therefore, appreached the Educational Appellate Tribunal, Bijapur, by filing the appeal E. A. T. No. '6 of 1999 challenging his termination from the post of senior Tutor at Al Ameen Medical College, Bijapur, and thereby affecting his conditions of service.

(3.) IN the said appeal, the revision petitioner sought for a direction to respondent 1 to reinstate him to the post of Senior Tutor in the Pharmacology at Al Ameen Medical College, Bijapur, with back wages. He also sought for a direction to respondent 1 to declare his probationary period and to grant two yearly increments. He also sought for a direction to sanction his leave and other benefits.