SUDHA HARINATH Vs. OSMANIA UNIVERSITY

JUDGEMENT

(1.) The petitioner, a master of science Degree holder from the Osmania University, Hyderabad, was appointed as a lecturer in Chemistry in the Osmania University College for Women, Hyderabad with effect from 2-9-1964. She was confirmed in that post with effect from 2-11-1966. Since then, she has been working as a permanent lecturer of the Osmania University. Under the University service conditions the age of her superannuation is 58 years. She has about 20 years more to go before she reaches her age of superannuation, But long before that a tragedy befell her service lot.

(2.) In July, 1967, she applied to the Univsrsity for grant of extraordinary leave to go to the United State of America, She was granted leave. She rejoined the University in May, 1970., From May, 1970 onwards, she resumed her duties as a Lecturer in Chemistry in the Osmania University. But once again in October, 1972, the petitioner planned to go to the United States of America and applied to the Registrar of Osmania University for issue of a 'no objection Certificate' so that she might obtain a pass-port from the Indian authorities to go to the United States of America. On 31-10-1972, the Registrar readily granted her such a 'no objection certificate'. Thereafter in March, 1973, the petitioner submitted to the University a leave application through the Principal of the Women's College. Although the petitioner contended before me that her application for grant of leave was recommended by the Principal of the Women's College and the University never took any action on it, it now appears that there is no record showing any application having been made by the petitioner for granting leave or any such application having had ever reached the Osmania University with or without the recommendation of the Principal, Women's College. The petitioner, however, presuming to act on the no objection certificate and inferring therefrom that the University would have no objection for her leaving to the United States of America went to that country, while in that country with her husband she did research in her subject. She returned back to India in the year 1979 and reported to duty on 12-4-1979. Till then the University took no action against her. It looks as though the University was not aware of the fact that the petitioner was absent abroad or knowingly the University winked at it. Now when the petitioner reported to duty the Vice Chancellor on 14-9-1979 passed an order removing the petitioner from service. On 21-9-1979, the petitioner asked the Vice Chancellor for a review of this action by the Vice-Chancellor and finally appealed to the Syndicate on 16-11-1979 against the order of the Vice-Chancellor removing her from the service. While her appeal to the Syndicate was pending consideration, the Vice-Chancellor passed another order on 5-12-1979. It read thus : "Srimati Sudha Harinath, Lecturer in Chemistry, University College for Women Hyderabad left for abroad (U.S.A.) to join her husband in the month of March, 1973 without proper sanction of leave. After a period of six years, i,e......in April, 1979 she returned from abroad and requested for permission to join duty, In supersession of the orders cited, it is hereby decided that Smt. Sudha Harinath, Lecturer in Chemistry, Women's college, Osmania University has ceased to be in University employ under Art. (29) of the H.C.S. Rs. Manual on account of her continuous absence from duty for more than five years." The aforesaid order of the Osmania University dated 5-12-1979, was approved by the University Syndicate at its 282nd meeting held on 26-12-1979, It is this order of the Vice-Chancel lor dated 5-12-1979 as approved and ratified by the University Syndicate that is challenged in this writ petition.

(3.) The complaint of the petitioner is simple and single. It is that the order of the Vice-Chancellor dated 5-12-79 amounts to her removal and that order was void as it was passed without following the statutory rules made by the University Syndicate under its statutory powers,