BRAJESH KUMAR CHAURASIA Vs. SECRETARY

JUDGEMENT

(1.) The petitioner was appointed on the post of Assistant Professor (Law) vide order dated 10.1.1992 (Annexure P-1) on probation for a period of one year from the date of his joining by the Ravindra College (third respondent). The said appointment was made subject to the approval from the Madhya Pradesh Uchcha Shiksha Anudan Ayog, Bhopal (for short 'Ayog').

(2.) As his period of probation was going to expire on 21.1.1993 he was informed by the third respondent vide order dated 18.1.1993 (Annexure P-2) that his services are no more required after the expiry of his period of probation.

(3.) Dissatisfied with the said order of termination the petitioner preferred an appeal before the State Govt. under Section 6 (a) (iii) of the Madhya Pradesh Ashashkiya Shikshan Sanstha (Adhyapakon Tatha Anya Karmachariyon ke Vetan ka Sandaya) Adhiniyam, 1978. The said appeal was partly allowed by the appellate authority (first respondent) vide order dated 19.11.1993 (Annexure P-5). The appellate authority held the order of termination issued by the third respondent Ravindra College to be illegal. The Appellate Authority though held the termination order to be illegal but expressed its inability to give direction for payment of salary for the period from the date of his termination to his reinstatement on the ground that the petitioner did not work during the said period.