RATNA Vs. INDIAN INSTITUTE OF TECHNOLOGY

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India challenges the order dated August 4, 1966, terminating the petitioner's service as telephone operator in the Indian Institute of Technology, New Delhi, passed by respondent No. 1 and the award dated March 25, 1970 by the Tribunal for arbitration respondent No. 2 appointed under Section 30 of the Institutes of Technology Act, 1963 (hereinafter called the Act).

(2.) On May 20, 1964, the petitioner was offered appointment of the telephone operator in the institute on the terms and conditions mentioned in the appointment letter. She pined on June 23, 1964. The appointment was made on probation for one year. One of the terms was that during the period of probation her services were liabie to termination by the institute any time and without assigning any cause. Clause 11 of the appointment letter provided that all other terms and conditions of service and rules of discipline and conduct as contained in the statutes and the rules framed thereunder shall be applicable. The petitioner pined duty on 23rd June, 1964. The institute is a body corporate under Section 4 of the Act. Section 26(g) authorises the making of statutes regarding terras and conditions of service of teachers and other staff of the institute. By Section 27 the first statutes were made with the previous approval of the visitor who is the President of India. Under Section 25 of the Act all appointments of the staff except that of the director shall be made in accordance with the procedure laid down in the statutes Statute 13 lays down the terms and conditions of service of permanent employees. Statute 13(g) provides that subject to the provisions of the Act and the statutes all appointments to the posts under the institute shall ordinarily be made on probation for a period of one year after which period the appointee if confirmed shall continue io hold his office subject to the provisions of the Act and Statutes. Under Statute 13(3) the appointing authority shall have the power lo extend the period of probation of any employee of the institute for such period as may be found necessary provided that if after the period of probation the official is not confirmed and his probation is also not formally extended, he shall be deemed to have continued on temporary basis and his services may then be terminable on a month's notice or payment of a month's salary in lieu thereof. Statute 13(5) provides that the appointing authority shall have the power to terminate the services of any member of the staff without notice and without assigning any cause during the period of probation- Statute 13(9) provides that no order imposing on any member of the staff penalties of removal from service or dismissal from service shall be passed by the authority except after an enquiry has been held and the member of the staff has been given reasonable opportunity of showing cause against action to be taken against him. Statute 13(10) gives a right to the members of the staff aggrieved by an order imposing a penalty to go in appeal to the Board of Governors of the institute. Statute 13(12) gives power to the Visitor to review any order made under the Statute. Statute 14 provides for the terms and conditions of service of temporary employees and provides that their services are liable to termination any time by notice in writing given by either party, period of such notice being one month. The other terms and conditions of service of such employees shall be such as may be specified by the appointing authority in the letter of appointment.

(3.) The Petitioner completed one year of probation on June 23, 1965 but as no order of confirmation was passed nor her probation formally extended she would in terms of Statute 13(3) be deemed to have continued on a temporary basis and as such her sendees were liable to be terminated on a month's notice or on payment of one month's salary in lieu thereof. This position is admitted in the counter affidavit filed on behalf of respondent No. 1.