JAI SHANKAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner submitted an application for considering his candidature for the post of Lecturer in the subject of Political Science in R.V.M.S.D. College, Sujanpur Tihra. He was interviewed on 4.8.1997. He was offered appointment letter on 19.8.1997. He joined his duties on 20.8.1997. R.V.M.S.D. College, Sujanpur Tihra was merged with D.A.V. College (Women), Sujanpur. Petitioner applied for the post of Lecturer (School Cadre) in the subject of Political Science. He was offered appointment on 8.5.2000. He submitted an application to the Principal, D.A.V. College on 17.5.2000 seeking relieving with effect from 17.5.2000 to enable him to join his assignment and also requested to grant extra ordinary leave for 16 months in order to get benefit of taking over of College as per announcements made by the Hon'ble Chief Minister. He has also given reference to the Ordinances of the University. Petitioner was relieved on 17.5.2000. He joined his duties as Lecturer (School Cadre) on 22.5.2000. Respondent-State has taken a decision to take over D.A.V. College, Sujanpur Tihra with effect from 7.3.2001. The other formalities were gone into vide letter dated 28.8.2001, including determining the terms and conditions for taking over the college and services of the teaching and non-teaching staff and creation of posts.

(2.) Mr. Sanjeev Bhushan has strenuously argued that the petitioner has submitted an application vide Annexure A-2 and since no decision has been taken on the same, the extraordinary leave will be deemed to have been granted to the petitioner and consequently his services were also required to be taken over as Lecturer (College Cadre) in the subject of Political Science as per notification dated 28.8.2001.

(3.) Mr. Rajinder Dogra, learned Additional Advocate General has vehemently argued that the petitioner was not in continuous service preceding one year at the time of taking over the College, i.e. 7.3.2001 and the petitioner was relieved and no extraordinary leave was sanctioned to him.