INDERJIT SINGH SANDHU Vs. PANJAB UNIVERSITY, CHANDIGARH

JUDGEMENT

(1.) The petitioner initially joined the Panjab University, Chandigarh, as a Lecturer in History on November 24, 1976 on ad hoc basis and was regularised as such w.e.f. August 11, 1977. He competed for the posts in Punjab Civil Services (Executive Branch) in the competition held by the Punjab Public Service Commission in the year 1984 after taking due permission from the University and was selected for a post in the Punjab Civil Service (Executive Branch). On selection to the Punjab Civil Service (Executive Branch), the petitioner joined the said service on April 24, 1986, after being relieved by the University authorities. While being relieved by the University for joining PCS. (Executive Branch), the University for joining P.C.S. (Executive Branch), the University authorities vide order dated May 7, 1986, granted him extra ordinary leave without pay initially for a period of 26 months expiring on June 22,1988. Lateron this extra ordinary leave was extended vide order dated June 10,1988, upto April 22,1989. Since no orders confirming or declining to confirm the petitioner in the P.C.S. (Executive Branch) had been passed, on representation being made by him, his extra ordinary leave without pay was extended upto April 22, 1990, vide resolution of the Syndicate dated September 30, 1989 (Annexure P-2). Since by April 18,1990 no order of confirmation or declining confirmation in the P.C.S. (Executive Branch) had been passed by the concerned authorities, the petitioner asked for extension of extra ordinary leave vide letter dated April 18,1990, i.e., prior to the expiry of extra-ordinary leave which had already been sanctioned upto April 22, 1990. Vide communication dated August 9, 1990 (Annexure P-4), the petitioner was informed that the University had not acceded to his request for further extension of extra ordinary leave and he was advised either to join his duties or resign from the post of Lecturer.

(2.) Since according to the petitioner, it was not in his hands to get confirmation order from the authorities, who were to confirm him in the P.C.S. (Executive Branch), he again made a representation to the University on September 12, 1990, that under the special circumstances, he may be granted extension in extra ordinary leave. He was again informed by the University vide letter dated October 5, 1990 (Annexure P-7) that his request had not been acceded by the University and he was advised to resume his duties within a period of two weeks from the date of the issue of the said letter, failing which, action would be taken against him under-Regulation 11.9 at page 135 of the Punjab University Calendar (Vol.1) 1989, which is to the effect that the post is liable to be declared vacant and he would forfeit his salary during the period he remained absent.

(3.) The petitioner challenged the action of the University and the orders communicated to him vide letter dated August 9, 1990 (Annexure P-4) and letter dated October 5,1990 (Annexure P-7) by way of the present writ petition.