SIBA PRASAD MISRA Vs. VICE CHANCELLOR BERHAMPUR

JUDGEMENT

(1.) THE petitioner assails the order of Berhampur University dated 17.7.2002 in Annexure -2, terminating his services from the post of Lecturer (Senior Scale) in Political Science.

(2.) THE brief fact of the petitioner's case is that he was appointed as a Lecturer in Political Science on 28.6.1991 against the leave vacancy of one Dr. J. K. Patnaik, subject to the conditions as laid in Annexure -1 and he joined the post on 29.6.1991. Dr. J. K. Patnaik, in whose leave vacancy the petitioner joined, returned from leave and joined the post which was accepted in office order dated 16.11.1993 with effect from 10.9.1993 F.N. One Dr. A. K. Parichha, who was holding the post of a regular Lecturer in substantive vacancy, was appointed as a Reader, through open advertisement by due process of selection and the petitioner was adjusted against the said vacancy, since he had the qualification and was recruited through the regular process of selection, vide Order dated 7.8.1993 (Annexure -3). The performance of the petitioner having been found satisfactory, he was confirmed in the post with effect from 7.8.1995 by letter No. 4197 dated 3.5.1997 (Annexure -4) and was given senior Lecturer scale of pay w.e.f. 29.6.1998 by Office Order dated 7.9.1999. The Syndicate, in its Resolution No. 196 dated 24.7.1999 approved the Senior Lecturer's scale of pay which was communicated to him by letter of the Registrar dated 7.9.1999 (Annexure -5). The services rendered by the petitioner as a lecturer against leave vacancy were counted for the purpose of extending him Senior Lecturer's scale. The petitioner obtained Ph.D. in the year 2000 and he was also allowed pay revision w.e.f. 1.1.1996. When the matter stood thus, the Syndicate in its Resolution dated 6.7.2002 terminated the petitioner's services on the plea that he had joined the service as a lecturer under leave vacancy and subsequently against Dr. A. K. Parichha, who was appointed as a Reader in a non -existing vacancy caused due to adjustment of one Dr. J. K. Mahapatra a regular Reader adjusted illegally under Merit Promotion Scheme. A copy of the Resolution of the Syndicate has been annexed as Annexure -6. Hence, the Writ Petition to quash the Syndicate Resolution and the Office Order dated 17.7.2002 in Annexure -12.

(3.) IT has been specifically stated that adjustment of Dr. Mohapatra under the Merit Promotion Scheme was illegal and as such the appointment of Dr. A. K. Parichha as against a non -existing vacancy and further appointment of the petitioner as lecturer against the vacancy purportedly created by appointment of Dr. Parichha, as a Reader was illegal. Similarly, it is stated that the Resolution of the Syndicate dated 17.4.2002 to continue Dr. A. K. Parichha against the post of Professor and to absorb him in the regular post of Reader from 1.7.2003 when a post was supposed to fall vacant due to retirement was illegal. There is no provision in the Act and Statue for such irregular adjustment without any sanctioned post and without approval of the Government. The Resolution of the Syndicate in allowing the petitioner to continue as a Reader against the post of Professor being irregular, the Hon'ble Chancellor in exercise of power conferred under Section 21 and Section 5(10) of the Act asked the university for withdrawal of the appointment order issued in favour of Dr. A. K. Parichha in absence of any sanctioned post by letter dated 3.6.2002. The Syndicate in obedience to the orders of the Chancellor, resolved for reversion of Dr. Parichha to his former post of Lecturer vide Resolution No. 203 dated 6.7.2002 (Annexure -6). Dr. Parichha having been reverted to his former post of Lecturer (Senior Scale) by Order dated 17.7.2002 (Annexure -12), there was no post of Lecturer for adjustment of the petitioner and as such, it was cancelled. The petitioner was appointed as a Lecturer against the leave vacancy caused due to study leave taken by Dr. J. K. Patnaik, a Lecturer in Political Science from 7.11.1989 to 6.11.1991. Due to illegal adjustment of Dr. Parichha as a Reader in the non -existing vacancy purportedly caused due to adjustment of Dr. J. K. Mohapatra, who was holding a regular post of Reader in the post of Reader under the Merit Promotion Scheme, Sri Mishra, the petitioner, was appointed as a regular Lecturer in the said non -existing post by Order dated 7.8.1993 pursuant to the Resolution of the Syndicate No. 297 dated 5.8.1993. On the orders of the Chancellor under Section 5(10) of the Orissa Universities Act, the Syndicate revised its Resolution No. 161 dated 17.4.2002 and Resolution No. 168 dated 25.5.2002 (Annexure -8) and resolved as follows :