BHAVNAGAR UNIVERSITY Vs. N K OJHA

JUDGEMENT

(1.) THE petitioner, Bhavnagar University, has preferred this petition under Articles 226 and 227 of the Constitution of India, assailing the common judgment and order dated 11.08.1999, passed in Applications Nos.5/1998 and 2/1999, by the Gujarat Universities Services Tribunal, Ahmedabad ("the Tribunal" for short).

(2.) BRIEFLY stated, the relevant facts as emerging from the record are that, the respondent " Shri N.K.Ojha, who has appeared as party-in-person, was appointed as Deputy Executive Engineer at the petitioner-University on 07.10.1991, on probation. The services of the respondent were confirmed on the post of Deputy Executive Engineer on 23.12.1992. The respondent applied for the post of University Engineer, at the M.S.University, Baroda. The respondent was selected and appointed on probation at M.S.University for a period of two years, by order dated 24.06.1996. He joined services at M.S.University on 19.07.1996. Under the provisions of the Ordinances and Statutes framed by Bhavnagar University, more particularly, clause (C) of Rule 8 of Ordinance 89, the respondent was required to give notice to the petitioner-University before leaving service. By letter dated 29.06.1996, the respondent requested the petitioner-University to waive the requirement of paying notice pay, and for permission to retain his lien at the petitioner-University for two years. The request of the respondent was considered by the Executive Council of the petitioner-University at its meeting held on 05.07.1996, and it was resolved that the respondent be relieved after office hours on 18.06.1996 to enable him to join M.S.University. The lien of the respondent was maintained for two years with effect from 18.06.1996. However, the request for waiver of notice pay was not acceded to, and the respondent was directed to deposit notice pay, equal to salary for two months and twelve days. In view of the fact that the respondent had intimated the petitioner-University regarding his joining the M.S.University at Baroda on 29.06.1996, and as he was relieved with effect from 18.07.1996, salary for 18 days was not deducted. In response to the Resolution passed by the Executive Council, as aforesaid, the respondent deposited an amount of Rs.6,000/- towards notice pay, on 18.07.1996. After joining M.S.University, Baroda, the respondent, vide letter dated 20.08.1997, requested the petitioner-University to transfer the total amount of his General Provident Fund ("GPF") to M.S.University, Baroda. In response to this letter, the petitioner-University wrote letter dated 28.09.1997, asking the respondent to clarify whether he did not want to return to the petitioner-University and wanted to have his lien terminated. Ultimately, the lien of the respondent was terminated on 10.11.1997. The respondent came to be confirmed as University Engineer at M.S.University, on 30.05.1998.

(3.) MR.Mitul K.Shelat, learned advocate for the petitioner, has made elaborate submissions, to the following effect: