SITIKANTHA MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this writ application the Petitioner prays for quashing the communication dated 18.01.2010 under Annexure -16 issued by Opp. Party No.3, the Professor and Director -in -charge of Indian Institute of Tourism and Travel Management, Gwalior, Madhya Pradesh (in short the 'IITTM') to the Reader of IITTM Eastern Regional Centre, Bhubaneswar directing him not to allow the Petitioner to enjoin upon himself any official capacity till a decision on his present position is taken. Further prayer has been made to allow the Petitioner to enjoin as Professor and Administrator of IITTM, Bhubaneswar Centre and to function as such and for direction to the Opp. Parties to release his salary.

(2.) THE IITTM, Gwalior is an autonomous body under the Ministry of Tourism, Government or India and is registered under the Society Registration Act. Its headquarters is situated at Gwalior and its Eastern Regional Centre has been established at Bhubaneswar. It is managed by a Board of Governors as per the terms of its Constitution, Rules and Regulations and byelaws. The Director of IITTM is its Chief Executive Officer and the Secretary of Board of Governors and has the duty and responsibility to look after the day to day administration and implementation of the decision of the Board of Governors and the Ministry of Tourism.

(3.) IT is stated that since the time of its establishment in 1983, except Group 'C' and Group 'D' employees, who are the Non -teaching, staff, all faculty and other staff members of IITTM were being recruited on contract basis and their services were extended from time to time. On the request of the Ministry of Tourism, the Staff Inspection Unit (SIU) of the Department of Expenditure, Ministry of Finance conducted an assessment of the manpower requirement of IITTM, Gwalior and submitted its report in 2002 recommending the Government for regularization of 68 number of posts out of which 24 posts were for Bhubaneswar Centre. In its recommendation the SIU suggested for regularization of one post of Professor and Administrator in the pay scale of Rs.16,400,22,400 for Bhubaneswar Centre.