PRADEEP KUMAR MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The grievance of the petitioner is of his being not allowed 10 resume duties as a Lecturer in History in the D.G.B K. Mahavidyaiaya, whose Governing Body is opposite party No. 4 in the case, since after he completed M. Phil, Course under the Utkal University. While it is his case that he had been relieved on study leave to undergo the course, it is the case of the Governing Body that his services had been terminated with effect from 1 -6 -1990 by order passed on 20 -6 -1990 and that he is no longer in the service of the college.

(2.) TO adumbrate the facts, the petitioner joined as Lecturer in History on 27 -1 -1987. In 1988 the institution became aided receiving the grant -in -aid. While it is the petitioner's case that he was relieved on 5 -7 -1990 by orders of the Secretary passed on that day for doing M.Phil. Course under the Utkal University, it is the case of the Governing Body that the document is not genuine and that instead the petitioner's service was terminated with effect from 1 -6 -1990 by order passed in Annexure -B/1 on 20 -6 -1990. Annexure -2 is an office order of the Utkal University stating of the petitioner having completed M. Phil. Course and of being relieved of his duty in the P. G. Department of History, Utkal University in the afternoon of 18 -7 -1991, and Annexure -3 is an order of 19 -7 -1991 of the Principal of the college of having received the petitioner's joining report on that date. Annexure - 4 is an Advocate's notice on behalf of the petitioner served through registered post with acknowledgement due tor his being not allowed to join the college. Annexure -3 is not accepted as genuine by the Governing Body.

(3.) THE learned Additional Government Advocate has, by way of a memorandum, made available the letter of the Director of Higher Education (opposite party No. 2) of 14 -5 -1990. The letter was addressed to the Principals of all non -Government aided colleges and said that Rule 5(8) of the 1974 Rules required that in all aided educational institutions, for adhoc appointment in the post of Lecturers for a period of six months or till the posting of Selection Board candidate whichever is earlier, the prior approval of the Director is to be taken and that the Government had decided by its resolution of 19 -3 -1990 that recruitment to the grade of Lecturers should be made by direct recruitment through the State Selection Board. A direction was given in the letter that all irregular appointments made on or after 1 -1 -1985 by the Governing Bodies of the college should be terminated immediately under intimation to the Directorate. There is hence no doubt that the order of termination stated to have been passed by the Governing Body with effect from 1 -6 -1990 in respect of the petitioner was in pursuance of the order of the Director of Higher Education.