DEVAJIT CHALIHA Vs. HARENDRA NATH BARUAH AND ORS.

JUDGEMENT

(1.) IN this application under Article 226 of the Constitution of India, the Petitioner states that he obtained the Degree of Bachelor of Science in Electrical Engineering (B. S. E. E.) from the Purdue University, West Lafayette, Indiana (U. S. A.) and thereafter obtained the Degree of Master of Science in Electrical Engineering (M. S. E. E.) from the same University in the year 1952, specializing in High Voltage Engineering. The Petitioner had worked in the United States as well as in the Assam Oil Company before he was appointed as' an Engineer -in -charge of Erection at the Umtru Hydel Project site in the Electricity Department of the Government of Assam. He was sent on deputation for six months to the Assam Engineering College, Gauthati, as Assistant Professor of Electrical Engineering and he chose to continue in that post. In August, 1960 he was transferred to the Jorhat Engineering College. In 1962 he was transferred again to the Assam Engineering College at Gauhati and was placed in charge of the Electrical Engineering Department there. In November of the same year, he was selected by the Government of India for a Teacher Training Program me in U.S.A. under the U.S. Agency for International Development (T.C.M.) Programme. On return from U. S. A., he joined as a Professor of Electrical Engineering in the Jorhat Engineering College in 1964. By Annexure 'A' dated 7th June, 1967, he was "allowed to hold, in addition to his own duties, the charge of the cur rent duties of the post of Principal of the same institute for a period of six months or till the post of Principal is filled up by. regular appointment whichever is earlier with effect from 1 -6 -67". This was necessary because Prof. R. J. Thaker, who was earlier allowed to hold charge of the current duties of the Principal, was released on expiry of the term of his contract service. By Annexure 'B' dated 18th July, 1968, the Petitioner was "allowed to hold charge of the current duties of the post of Principal of the same institute in addition to his own duties for a further period till the appointment of the Principal.........

(2.) WHEN this Rule was heard by a Division Bench of this Court on 22nd September, 1969, the Petitioner's counsel submitted that a Division Bench decision of this Court since re ported in, AIR (1969) Gau 202 (A. C. Sarkar v. State of Assam) would require reconsideration and that is how this case has come before this Full Bench.

(3.) THIS Court granted a certificate to appeal to the Supreme Court in A.C. Sarkar's case, AIR (1969) gau 202 (supra) and the Supreme Court dismissed the appeals by its decision in, ALR 1970 SC 8 (A.C. Sarkar v. State of Assam). The Supreme Court observed' that "the Appellants questioned the composition of the Public Service Commission", but did not deal with the submission, while dismissing the appeals.