SHOBA LATA SINHA Vs. RAVI SHANKAR UNIVERSITY, RAIPUR

JUDGEMENT

(1.) BY this petition, the petitioner impugns the notice dated 28-4-1990 (Annexure ­ P/14) as well as the termination/relieving order dated 27-7-1990 (Annexure ­ P/15) passed by the Bhilai Institute of Technology/ respondent No.2.

(2.) THE facts, in brief, are that initially the petitioner was appointed temporarily on 28-8-1986 (Annexure ­ P/2) for a period of two years on probation. Pursuant thereto, an agreement between the petitioner and the management was executed on 1-9-1986 (Annexure ­ R/7) wherein it was clearly provided that after confirmation, the services of the first party can be terminated on the ground of misconduct including willful negligent of duty; breach of any of the terms of contract; physical or mental unfitness; and incompetence. After completion of probation, the services of the petitioner was confirmed by order dated 29-3-1989 (Annexure ­ P/5) subject to conditions, inter alia, 'after confirmation, your services are liable to be terminated by the management on three months notice or on payment of notice pay in lieu thereof; you may resign from your post after giving three months notice pay in lieu thereof notice; and you shall devote your whole time to your duties and shall not carry on or be concerned in any other business or occupation whatsoever.'

(3.) THE petitioner admittedly did not obtain any approval of the institute/respondent No.2 wherein she was working, however, according to the petitioner, the petitioner has already written to the Director of the respondent No.2 on 11-5-1989 (Annexure ­ P/11) to grant approval. A certificate was issued on 26-3-1990 (Annexure ­ P/12) that the petitioner was working in the Institute as a Lecturer and her work was satisfactory. Subsequently, three months notice was issued to the petitioner on 28-4-1990 (Annexure ­ P/14) clearly stating that after 90 days the services of the petitioner would come to an end, as she had already been selected by the MP PSC on the post of Lecturer and before making application the petitioner had not sought approval of the respondent No.2. After completion of 90 days, the petitioner was relieved from the service by the impugned order dated 27-7-1990 (Annexure ­ P/15). Thus, this petition.