ANISUR RAHMAN KHAN Vs. INDIAN INSTITUTE OF TECHNOLOGY

JUDGEMENT

(1.) Both the writ petitions are taken up analogously for hearing and disposed of by this Judgment.

(2.) The petitioner who is the one and the same person in both the Writ petitions was appointed Senior Research Assistant in the Indian Institute of Technology, Kharagpur, in 1980 in the Ford Foundation Scheme on "Water Use and Management for Agricultural Production" on contract basis for a period of two years or till duration of the Scheme, whichever is earlier. He got one premature increment on obtaining Ph.D. degree. Then he was appointed Junior Scientist in December 1982 under temporary/sponsored ICAR Scheme / Project on "All India Co-ordinated Research Project on Water Management" attached to the Agricultural Engineering Department of the Institute under the general terms and conditions of the Institutes of Technology Act, 1961 and also under the terms and conditions to be executed by the Institute and the petitioner. The petitioner was granted an annual increment in pay at the rate of Rs. 40/- per month on the recommendation of the Investigator-in-Charge of the Scheme "All India Co-ordinated Research Project on Water Management" and head of the Agricultural Engineering Department. In September 1984 the petitioner was appointed to the post of Senior Research Officer (Soil Physicist) on temporary basis under the Temporary Sponsored Research Project on "An India Co-ordinated Project on Water Management" sponsored by the ICAR attached to the Agricultural Engineering Department of the Institute. He got the annual increment of Rs. 60/- per month. On receiving a communication from the Sponsoring Agency ICAR (Indian Council of Agricultural Research, New Delhi) the tenure of the Project "Water Management and Soil Salinity" operated in the Agricultural Engineering Department, the Dean, SRIC, extended the said Project Soil and the services of the staff members attached thereto till 30th September, 1990. It is alleged by the petitioner that the Deputy Registrar, Sponsored Research and Industrial Consultancy (SRIC), by Memo dated 5th October, 1990 terminated the service of the petitioner with effect from 1st October, 1990 on the ground of closure of the All India Co-ordinated Research Project entitled "Water Management and Soil Salinity" by ICAR.

(3.) The respondent contested the writ application by filing Affidavit-in-Opposition. I need not narrate the statements made in the writ petition and the affidavits because by the arguments put forward by the respective learned Advocates of the parties the petitioner's case as well as the defence will emerge out clearly.