KAUSHAL CHANDRAKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since common question of law and facts are involved in these two writ petitions, they were clubbed and heard together and being disposed of by this common order.

(2.) The petitioners herein calls in question legality, validity and correctness of the order dated 03.11.2006 (Annexure P-1) by which their services have been terminated by respondents No.3 and 4 from the post of Assistant Professor.

(3.) It is the case of the petitioners that they were appointed on vacant post of Assistant Professor by respondent No.3/College after due approval of respondent No.2-University in accordance with Statute No.28 promulgated by Pandit Ravi Shankar Shukla University and thereafter they were appointed on 19.9.2005. It is further case of the petitioners that since they were already working on the post of Assistant Professor, they were exempted from undergoing period of probation vide order dated 19.9.2005 (Annexure P-4) and thereafter they were appointed on 19.9.2005, but they were stopped working from December, 2005 and ultimately they filed writ petition being Writ Petition No.291/2007 for salary and thereafter again they were required to file amended writ petition (S) NO.4035/2007. In that writ petition, the order of termination dated 3.11.2006 was filed by the respondents while filing the reply, then they came to know about their termination and that order has been impugned in Writ Petition (S) No.2883/2010. Since the order of termination dated 3.11.2006 is main issue, facts narrated in Writ Petition (S) No.2883/2010 are taken for consideration.