SUMANTPANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed for quashing the order dated 26th October, 1991 issued by the Deputy Director, Navodaya Vidyalaya Samiti, Regional Office Lucknow (respondent No. 3).

(2.) The case of the petitioner as made out in the writ petition is that he was working as a Lecturer in Baghmara College, Baghmara (Dhanbad). The petitioner was an M.A. B. Ed. and in response to an advertisement published in the news paper. The applied for appointment as Assistant teacher in Navodaya Vidyalaya Ranti, Madhubani. Thereafter pursuant to an interview the petitioner was selected for appointment and an appointment letter, dated 10th November, 1987 was issued appointing the petitioner to the post of Teacher in Navodaya Vidyalaya Samiti. The terms and conditions of the said appointment will appear from Annexure-1 to the writ petition. The petitioner was initially appointed on deputation for a period or two years. One of the terms and conditions of the said appointment was that the appointment will be on transfer on deputation initially for a period of two years with a possibility of permanent absorption. The terms and conditions of the said appointment are set out below: 2. The terms and conditions of the appointment will be as follows:-

(3.) On being so appointed the petitioner was relieved from the post of Lecturer from Baghmara College on 24th November, 1987 and joined the post of Assistant teacher in Navodaya Vidyalaya Samiti Service, Madhubani on 30th November, 1987. The petitioner was granted two years' lien from Baghmara College. Thereafter the petitioner was asked to exercise option and pursuant to which the petitioner exercised his option and stated that he is willing to serve the Navodaya Vidyalaya. The said option was given to the Principal of the said School and the Principal in his turn sent the said option of the petitioner to respondent No. 3 on 28th July, 1989. Thereafter respondent No. 3 unilaterally issued a letter addressed to the Principal, Baghmara College for the extension of the lien of the petitioner for a further period of one year with effect from 30th November, 1989. Again on 18th November, 1989 respondent Nos. 2 and 3 unilaterally extended the deputation period of the petitioner upto 30th April, 1990. Then again on 28th April, 1990 unilaterally respondent No. 3 issued another communication addressed to the Principal of Baghmara College, Baghmara, Dhanbad extending the deputation period of the petitioner for one year with effect from 1st May, 1990. In the meantime, the petitioner was informed on 4th November, 1989 by the Secretary of Baghmara College that the extension of the lien of the petitioner was no longer possible. As such the petitioner had to make an application on 18th December, 1990 to respondent No. 3 for his permanent absorption in the Samiti School as his lien in his College stood terminated. The petitioner also stated that the Assistant Director (Academic) Navodaya Vidyalaya Samiti, New Delhi inspected the petitioner's school on 24th November, 1990 and during inspection he highly recommended about the petitioner's performance as a teacher. The said appreciation of the services of the petitioner is duly recorded in the Lesson Plan Book kept in the school. It is also the petitioner's case that the Assistant Director, Navodaya Vidyalaya Samiti, Lucknow Region held camp in the School and he also highly appreciated the petitioner's performance as a teacher in the said School and the petitioner was given additional period of two Ashram Navodaya Vidyalaya, Madhubani. The petitioner has also stated in paragraph 24 of the writ petition that his students did well in the subject which the petitioner was teaching in the first Central Board of Secondary Education examination held in the month of March, 1991 the result of which was published. The petitioner also asserted that the Principal of the School all the time highly recommended for the absorption of the petitioner and on 19th January, 1991 the Principal of the School wrote to respondent Nos. 2 and 3 for the absorption of the petitioner and others in Navodaya Vidyalaya Service. A copy of the said recommendation has been made Annexure-10 to the writ petition. Thereafter on 17th July, 1991 respondent No. 3 issued on order repatriating the petitioner and against the said order the petitioner filed a writ petition being C.W.J.C. No. 5515 of 1991. The same was disposed of by an order dated 20th August, 1991. By the said order dated 20th August, 1991 the learned Judges of the Division Bench were pleased to quash Annexure-8 (order dated 17th July, 1991) and directed the respondents authorities to consider the representation of the petitioner which was directed to be filed within fifteen days claiming his case for permanent absorption of his service in the Samiti. It was further directed that if the said representation is filed, then the same shall be disposed of in accordance with law and by a reasoned order within two months from the date of filing of such representation. Pursuant thereto the petitioner filed a detailed representation which is disclosed at Annexure-12 and on the basis of the said representation, respondent No. 3 passed an order rejecting the petitioner's prayer for permanent absorption and stating that the permanent absorption of the petitioner is not possible in the said Samiti as "a Committee constituted for the purpose of deciding absorption/repatriation of teachers working on deputation basis recommended his repatriation due to less percentage i.e. 43 per cent. in graduation'. Copy of the said communication is annexed and marked as Annexure-13.