BIJAYANANDA NAIK Vs. FAKIR MOHAN UNIVERSITY

JUDGEMENT

(1.) The petitioner, who was working as Professor and Head of Post Graduate Department of Environment Science, Fakir Mohan University, Balasore, has filed this writ petition seeking to quash the order dtd. 6/12/2008 in Annexure-9, so far as it relates to denial of financial claim for the period from 20/8/2007 to the date of his joining, i.e., 8/12/2008, and issue direction to the opposite parties to grant continuity in service and allow him arrear salary for the said period.

(2.) The factual matrix of the case, in hand, is that the petitioner, after completing his post graduation in the subject Zoology, did his Ph.D from Birla Institute of Technology Science at Pilani, and thereafter D.Sc. from Allahabad University. By following due procedure of selection, the petitioner was appointed as a Lecturer in Zoology and consequentially promoted to the post of Reader and continued as Head of the Department of Zoology in N.C. (Autonomous) College, Jajpur.

(3.) Mr. S. Patra-1, learned counsel for the petitioner vehemently contended that if the petitioner has been exonerated from the allegations/charges levelled against him and in compliance of the judgment dtd. 14/7/2008 passed by this Court in W.P.(C) No. 10905 of 2007 by affording the opportunity of hearing he was allowed to join as Professor in Environmental Sciences and got his emolument from the date of his joining in the post, disentitling him the financial claim from the University for the period from 20/8/2007 to 8/12/2008 cannot sustain in the eye of law. It is further contended that if by illegal, arbitrary and unreasonable action of the authority the petitioner was deprived of discharging his duty, he is entitled to get his financial claim for the period he was deliberately and willfully kept out of duty to be discharged by him. To substantiate his contention, reliance was placed on Karunakar Khandapani vs. State of Odisha and others, 2015(II) OLR-26.