GUJARAT AGRICULTURE UNIVERSITY Vs. C G MARADIA

JUDGEMENT

(1.) What is challenged in this Second Appeal is the judgment and decree dated July 31, 1984 rendered in Regular Civil Appeal No. 126 of 1981 by the learned Second Extra Assistant Judge, Junagadh by which he allowed the appeal filed by the respondent No.1 herein and thereby set aside the judgment and decree of dismissal of suit dated September 30, 1981 rendered in Regular Civil Suit No. 815 of 1975 by the learned Civil Judge (S.D.)., Junagadh which was filed for the relief of declaration and injunction.

(2.) The present appellant was the original defendant No.1 whereas the respondent No.1 herein was the original plaintiff and the respondent No.2 was the original defendant No.2. Therefore, for the sake of convenience and brevity the parties are hereinafter referred to in this judgment as 'the plaintiff' and 'the defendants'.

(3.) The plaintiff filed Regular Civil Suit No.815 of 1975 for a declaration and permanent injunction inter alia stating that he was appointed as a Junior Clerk in the Department of Agriculture, Gujarat State, in the year 1966 and since then he was working till his services were transferred to the Gujarat Agricultural University ('the University' for short hereinafter) on deputation. The State of Gujarat has established the University under the provisions of the Gujarat Agricultural University Act, 1969 ('the Act' for short hereinafter). The plaintiff thereafter had filled in option form as required under Section 52 (3) of the Act and gave option to remain in the services of the University. The said option once exercised was considered to be final. The plaintiff thereafter was promoted to the post of Senior Clerk vide order dated August 20, 1973 and was posted on the vacant post in the office of the Principal of the Agriculture College, Junagadh. The plaintiff came to know from reliable sources that the defendants were trying to send him back to the original department without hearing him. According to the plaintiff, if he was sent back to the State service again as a Junior Clerk, it would cause irreparable loss to him because it would change the basic conditions of service. The plaintiff, therefore, filed the suit wherein a declaration was sought to the effect that the action of the defendants of sending him back to the original department was illegal and bad in law and consequential relief of permanent injunction restraining the defendants from implementing the said decision was also sought.