THE GOVERNING BODY, DURGAPUR INSTITUTE OF ADVANCE TECHNOLOGY AND MANAGEMENT AND ORS. Vs. SUBHANGSHUMAN DE AND ORS.

JUDGEMENT

(1.) This appeal arises out of the final order passed on 12/8/2014 by a learned Single Judge of this Court in WP No. 18054(W) of 2013 whereby and whereunder the letter / communication dated 31.05.2013 issued by the General Manager (Administration), Durgapur Institute of Advance Technology and Management was set aside. The respondents were directed to allow the Writ Petitioner / Private Respondent No. 1 herein to join his duties forthwith. However, an observation was made to the effect that since the said Petitioner / Respondent No. 1 had not performed his duties, he would not be allowed any financial benefits for the period during which he was absent from duty but the benefit of continuity in service shall be accorded to him. The Writ Petitioner / Respondent No. 1 herein (Subhangshuman De & Ors.) filed W.P. No. 18054(W) of 2014 wherein while making the State and its Authorities as formal respondents together with the All India Council for Technological Education, its Officers and the Durgapur Institute of Advance Technology and Management as respondents, he prayed for an Order for setting aside and / or quashing the aforesaid Order dated 31.05.2013. He also prayed for an Order commanding upon the respondents to allow him to resume his duties as Assistant Professor in the College together with all arrears and consequential benefits.

(2.) In the Writ Petition, the petitioner referred to his service career in different paragraphs and stated inter-alia that on 26.05.2010 he had appeared along with other candidates for appointment as a Lecturer in Computer Science and Engineering in the aforementioned Durgapur Institute of Advance Technology and Management. According to the Petitioner the said Institute is an "other authority" within the extended definition of Article 12 of the Constitution of India.

(3.) The Writ Petitioner (Private Respondent No. 1 herein) (hereinafter referred to for the sake of brevity as the Writ Petitioner) further stated, that after considering his candidature, he was issued with an Appointment Letter dated 01.06.2010 whereby and whereunder, the Chairman of the said Institute appointed him on probation of one year from the date of his joining with basic pay of Rs. 8,000/- per month in the scale of Rs. 8,000 13,500. It was indicated that in case of non-satisfactory performance, the probationary period of the Petitioner may be extended for a further period as per recommendations of the Review Committee.