K.P. MOHANTA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This writ petition has been filed by Mr. K.P. Mohanta under Article 226 of the Constitution of India, inter alia, with the prayer that the order dated 25.02.2014 issued by the respondents be quashed and set aside and a writ of mandamus be issued directing them to release payment of full gratuity to the petitioner for the period of service rendered by him with the respondent No.4-College.

(2.) The facts of the case are that the petitioner joined the services with respondent No.4-College as Lecturer Philosophy on 06.07.1984 and he was confirmed in that post vide order dated 09.09.1986. Thereafter, he was placed in the senior scale/selection grade in November 1997. The petitioner was then placed in the senior/selection grade of the Revised UGC Scale, 1996 vide order dated 14.12.2001. Case of the petitioner is that while serving in the respondent No.4 he wrote to the Principal of the College (respondent No.4) on 04.05.2009 informing that he has agreed and accepted to join the Central University of Jharkhand as Deputy Registrar and requested for granting him leave/lien. The Governing Body of respondent No.4-College passed the resolution dated 04.05.2009 and conveyed to the petitioner vide letter dated 05.05.2009 that he has been released from duty of the College w.e.f. 10.05.2009 to enable him to join as Deputy Registrar in the Central University of Jharkhand, Ranchi. Copy of the resolution of the Governing Body dated 04.05.2009 was also enclosed therein.

(3.) The respondent No.4-College vide letter dated 08.07.2009 requested the Director of Higher and Technical Education, Government of Meghalaya, Shillong to grant lien to the petitioner for a period of one year to join in the University of Jharkhand as Deputy Registrar, who vide order dated 30.07.2009 gave no objection for granting of lien (without pay) to the petitioner for a period of one year w.e.f. 10.05.2009, to join as Deputy Registrar in the Central University of Jharkhand, Ranchi. The Central University of Jharkhand vide order dated 17.03.2010 appointed the petitioner as Deputy Registrar. Subsequently, the petitioner vide application dated 24.03.2010 requested the respondent No.4-College for extension of his lien for two more years. The respondent No.4-College, however, vide letter dated 24.03.2010 informed the petitioner that the extension of lien for a period of two years could be granted provided he accepted the terms and conditions, namely, lien period could be counted for the purpose of seniority and increment but no salary will be payable by the College for the period; the College must be informed one month before the expiry of his lien with the intention to rejoin duties; he could rejoin at any point of time if no one is appointed in his vacancy; any overdraw of salary will be refunded to the College; increments will be applicable as per the eligibility in connection with his service in the College; if the Government does not approve grant of lien, he (petitioner) should reach the College within one month of such information and finally the period of two years of extension of lien would begin w.e.f. 10.05.2010.