D.AJITHKUMAR.K. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, a post graduate degree holder in Hindi. He also possesses a Ph.D.degree in Hindi awarded by the Cochin University of Science and Technology. He was initially appointed as Lecturer in Hindi in Cochin College, an aided college affiliated to the Mahatma Gandhi University, by Ext.P1 order dtd. 15/9/1993 in a short term leave vacancy during the period from 15/9/1993 to 31/1/1994. Later, he was regularly appointed as Lecturer by Ext.P2 order dtd. 9/6/1995. While the petitioner was working as Lecturer in Hindi in Cochin College, he was appointed as Lecturer in Hindi in Sree Sankaracharya University of Sanskrit, Kalady by Ext.P3 order dtd. 1/9/1995. He thereupon submitted Ext.P4 application dtd. 20/9/1995 requesting the fourth respondent, the Manager of Cochin College, to grant him leave without allowances for a period of two years with effect from 20/9/1995 to enable him to join duty in Sree Sankaracharya University of Sanskrit. After submitting Ext.P4 application, the petitioner joined duty as Lecturer in Hindi in Sree Sankaracharya University of Sanskrit. The fourth respondent declined to sanction the leave applied for by the petitioner and issued Ext.P5 memorandum dtd. 25/9/1995 informing him that his application for leave has been rejected and he should join duty forthwith. He was also cautioned that if he fails to resume duty within three days from the date of receipt of the memorandum, he will be proceeded against for unauthorised absence.

(2.) On receipt of Ext.P5 memorandum, the petitioner submitted Ext.P6 application dtd. 4/10/1995 to the fourth respondent, requesting him to grant leave without allowances for a period of two years from the afternoon of 20/9/1995, to take up foreign assignment, in accordance with the provisions of the Kerala Service Rules. In response to the said request, the fourth respondent sent Ext.P7 letter dtd. 16/10/1995 informing the petitioner that under the provisions of the Kerala Service Rules, he is not entitled to leave without allowances to take up employment elsewhere. He was called upon to rejoin duty as Lecturer in Cochin College within three days from the date of receipt of that letter, failing which he was cautioned that disciplinary proceedings will be initiated against him, for unauthorised absence. The petitioner thereupon sent Ext.P8 letter dtd. 18/10/1995 to the fourth respondent, requesting him to treat that letter as his letter of resignation from the post of Lecturer in Hindi, with effect from 20/9/1995, if it is difficult to sanction the leave without allowances applied for. He also requested for payment of salary and other benefits for the service rendered by him in Cochin College. The fourth respondent accepted the resignation tendered by the petitioner and issued Ext.P9 memorandum dtd. 20/10/1995 informing him that his resignation has been accepted and that he will not have any preferential claim for appointment in the college, in future. He was also informed that salary and other benefits will be claimed from the Government and disbursed to him in due course, as per the rules.

(3.) While matters stood thus, by judgment delivered on 12/4/1996 in O.P.No.16586 of 1994 and connected cases, a learned single Judge of this Court set aside the selection and appointment of Sanskrit Lecturers in Sree Sankaracharya University of Sanskrit on the ground that the selection committee was not properly constituted. The learned single Judge however permitted them to continue in service for a period of three months. The correctness of the decision of the learned single Judge was canvassed in W.A.No.826 of 1996 and connected cases. By judgment delivered on 18/7/1996 (Sree Sankaracharya University of Sanskrit v. State (1996 (2) KLT 378) the writ appeals were dismissed. Thereupon those Lecturers whose selection and appointment were set aside by this Court, were relieved from service with effect from 28/2/1997. Some among them moved the Government seeking repatriation to their parent colleges. The Government considered the said requests and issued Ext.P11 order dtd. 17/3/1997 whereby those teachers who were working in Government colleges/aided colleges before their appointment in Sree Sankaracharya University of Sanskrit and whose appointments in the Sree Sankaracharya University of Sanskrit were quashed by this Court were permitted to rejoin duty in their parent colleges, if there are vacancies, as a special case. Shortly thereafter, the Registrar, Sree Sankaracharya University of Sanskrit sent Ext.P10 letter dtd. 21/3/1997 to the petitioner, informing him that in view of the decision of this Court, his service is liable to be terminated. The Registrar also informed the petitioner that if he wishes to avail the benefit of Ext.P11 Government order, he may submit an application for repatriation, for onward transmission to the parent college. The petitioner thereupon sent a letter dtd. 17/4/1997 to the fourth respondent enquiring about the vacancy position in the Department of Hindi in order to enable him to submit an application claiming the benefit of Ext.P11 Government order dtd. 17/3/1997. It appears, there was no response in the matter. While matters stood thus, by Ext.P12 order dtd. 5/9/1997, the Sree Sankaracharya University of Sanskrit terminated the petitioner's service and he was relieved with effect from the afternoon of 8/9/1997. Shortly thereafter, the petitioner sent Ext.P13 letter dtd. 11/9/1997 to the fourth respondent referring to his earlier letter dtd. 17/4/1997 and Ext.P11 Government order dtd. 17/3/1997 and requested the fourth respondent to do the needful, to enable him to rejoin duty in the parent college, at the earliest. The fourth respondent did not reply to that request of the petitioner.