TAPAS KUMAR ROY Vs. STATE OF ODISHA

JUDGEMENT

(1.) This writ petition is against the order dated 29.7.2017 passed by the Director of Higher Education, Odisha, Bhubaneswar under Annexure-10 whereby and whereunder the claim of the petitioner for giving a declaration that he has continued in service beyond 20.11.1981 has been rejected being devoid of merit.

(2.) The facts of the case of the petitioner is that he was initially appointed against the 1st post of Lecturer in English in Kanpur Anchalika Mohavidyalaya, Kanpur by the decision taken by the Governing Body of the said college vide order dated 18.12.1978. The said college has got recognition aria affiliation from Utkal University in the year 1980 and came under grant-in-aid w.e.f. 1986-87. Thereafter, the college acquired the status of an aided educational institution within a meaning of Section 3(b) of the Orissa Education Act, 1969. The petitioner, being the senior most lecturer of the said college, was appointed as Principal-in-Charge on 09.09.1981 vide Governing Body Resolution No. 7 dated 29-10-1981. The petitioner while continuing as such, the then Secretary of the Governing Body, has forced him to tender his resignation. Succumbing to said compulsion, he has tendered his resignation on 24.8.1981. But he immediately thereafter made several representations to the Director, Higher Education, Odisha, Bhubaneswar as also lodged the F.I.R. against the Secretary of the College before the local police station, but it was not entertained by the local police station and thereafter, he was relieved. The petitioner thereafter has got another appointment in M.S. College, Baramba, Cuttack and joined there on 11.1.1989.

(3.) Learned counsel for the petitioner contends that the Director, Higher Education, Odisha, Bhubaneswar has passed an order without appreciating the material aspect, especially the resignation part, since the petitioner has taken specific plea that he has tendered resignation, rather he was forced to tender his resignation and accordingly the period after 28.11.1981 cannot be construed to be break in service till joining in the subsequent college i.e. 11.1.1989 and in consequence thereof, he is getting less pension.