G ATCHAIAH Vs. KAKATIYA UNIVERSITY

JUDGEMENT

(1.) This writ petition is filed seeking issuance of Writ of Certiorari to quash the order of the first respondent-University in proceedings No.727/A2/KU/94/263, dated 13-6-1994 whereunder the services of the petitioner were dispensed with, with effect from 1-4-1994 on the ground that the petitioner did not report to duty even after lapse of extension period of time to complete his post doctoral research work in Germany.

(2.) The facts are not in dispute. The petitioner was appointed as Lecturer in Pharmacy on 16-4-1991 after he underwent the process of selection. While he was on probation, he seemed to have applied for post doctoral research work (Deutsch Akademisches Austaush Dienst known as 'DAAD') in Germany. As per the prospectus of the Regensburg University, to complete the post doctoral research work the minimum period is 16 months extendable by one more year. As per the guidelines of the University Grants Commission, a person selected to do this post doctoral research work will be paid full salary during the research work and if any substitute is posted by the concerned University, fifty per cent of the emoluments shall be met by the University Grants Commission. Pursuant to his application, the petitioner was selected by the University in Germany to do the project work i.e., "Synthesis of new Antiallerigcs/ Antlasthmatics isosteric to Azelastine". The first respondent-University authorities rejected his request to do post doctoral research work on the ground that he was only a probationer, but, ultimately on the directions of the University Grants Commission, the first respondent sponsored the candidature of the petitioner for a period of one year by his proceedings dated 7-11-1992. While relieving the petitioner to go abroad, the first respondent-University got a bond executed from the petitioner and as per the conditions of the bond, an amount of Rs.10,000/- shall be forfeited -

(3.) Thereafter the petitioner left for Germany on 25-11-1993 (sic. 1992) and as the post doctoral research work has to be done in German language, he underwent foundation course in German language for over five months and thereafter taken up the post doctoral research work. It is also not in dispute that at the request of the petitioner, the permission was accorded by the first respondent-University extending his stay at Germany upto 1-4-1994 under its letter dated 14-9-1993. Even before the expiry of the time limit prescribed for his return, he submitted an application on 25-2-1994 with the recommendation of his Guide to the effect that at least the research work will go upto 30-9-1994 and as such his stay at Germany may be extended upto 30-9-1994. It is useful to extract the letter of the Guide dated 20-1-1994, which reads as follows: