ANEYKUTTY JOSEPH Vs. KERALA AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) Heard learned counsel for the appellant and the learned Standing Counsel for the respondents.

(2.) The writ appeal has been filed against the judgment of the leaned Single Judge dated 10-2-2010 in W.P. (C) No. 6402 of 2008. The facts necessary to be noted are, the appellant was appointed on 12-3-1991 in the service of the Kerala Agricultural University. After the appointment, the appellant entered into an agreement. Clause (4) of the contract of agreement provided as follows:

(3.) Subsequently, the University took a decision by amending Clause (4) of the agreement by its decision dated 3-7-1995. The University noticed lot of requests by teaching and non teaching staff for their relieving immediately to take up other employment. University noted that requests for immediate relieving subject to approval of their resignation in due course is being received and since the substitution of scientific staff required time and expenditure it was decided that, only alternative to be provided was to ask for payment of three months salary by the party in lieu of notice time lost for filling of the vacancy.