N BASKARAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE writ petition has been filed to call for the impugned order of the fourth respondent in Rc. No. 218/2005 2006 dated 1/8/2005, to quash the same and direct respondents 1, 2 and 4 to permit the petitioner to join in the third respondent University as the Director of Distance Education on lien basis for three years.

(2.) MR. R. Thiayagarajan, learned Senior Counsel appearing for the writ petitioner submitted that the petitioner has joined the fourth respondent College in the year 1980 as Assistant Professor and he is now working as Reader and Head of the Department of Philosophy. The petitioner is serving in the College for the past 25 years with a good record of service. When applications had been called for by the third respondent University, in order to contribute to the cause of education for the post of Director of Distance Education, the petitioner has also applied for the same and the said application has been forwarded by the fourth respondent and the Registrar of the third respondent University by proceedings dated 8/7/2005, referring about the resolution of its Syndicate dated 8/7/2005 has informed that the petitioner was appointed as the Director, Centre for Distance Education for Bharathidasan University for a period of three years with effect from the date of joining. The copy of the said appointment letter has also been marked to the petitioner's College namely the fourth respondent herein. In spite of this, the petitioner, by letter dated 9/7/2005, addressed to the second respondent with a copy to the fourth respondent, sought for permission to work in the third respondent University for a period of three years on lien basis. But, the fourth respondent, by his impugned communication dated 1/8/2005 quoting a resolution of the College Committee dated 31/12/2004 has informed that the College Committee has already decided not to grant lien to any teaching staff and in respect of the petitioner also.

(3.) ACCORDING to the learned Senior Counsel, as per G. O. Ms. No. 1594 Education (Z2) Department dated 7/11/1989, the teaching staff can be relieved and they can serve in any other Institution and as such, the petitioner cannot be denied permission.