MOHD YASIN Vs. UNIVERSITY OF KASHMIR

JUDGEMENT

(1.) BY an Act of the State Legislature styled as Jammu and Kashmir University Act, 2005 an University named as "The University of Jammu and Kashmir" was set up for the first time in the State in the Samvat year 2005. The headquarters of the University were located at Srinagar wherefrom it was designed to serve the entire State. The petitioner joined its services as a Lecturer in the year 1963 on contract basis. His appointment was made by the Syndicate of the said University in accordance with the provisions of the said Act and the Sta ­tutes made thereunder. On March 24, 1965 a new Act called the Jammu and Kashmir University Act, 1965 (hereinafter referred to as 1965 Act) was passed which repealed the previous Act and provided for the establishment of two divisions of the Uni ­versity, one at Jammu called the Jammu Division, and the other at Srinagar called the Kashmir Division. Section 52 thereof provided for the continuance of the existing rules and regulations as also the services of teachers, officers employed by it under the earlier Act. The petitioner therefore continued to be an employee of the said University and was thereafter appointed as a Reader in September, 1965. On 15 -12 -1967 the petitioner was appointed as Professor in the Post Graduate Department of History, Kashmir Division on the terms and conditions communicated to him by the Registrar of the Uni ­versity in his letter dated 8 -1 -1968 reproduced below: - "No. F. I. (GOR -PGD -27) CU/ADM 9039 University Campus, Jammu. Dated 8 -1 -1968. Dr. Mohd. Yasin, Katra Abuturab, Lucknow (U.P.). Sir, I have the pleasure to inform you that the Central Council of Jammu and Kashmir University vide its resolution No. 6 dated 15 -12 -1967 ordered your appointment as Professor on Rs. 1,100 P. M. in the scale of Rs. 1100 -50 -1300 -60 -1600 in the Post Graduate Department of History, Kashmir Division on probation for one year. The terms of appointment will be till the age of sixty years and you will be entitled to the benefits of University Contri ­butory Fund at 8 1/2% of your salary on confirmation. Immediately after your appointment you will have to enter into an agree ­ment with the University. A copy of the agreement form is enclosed. Yours faithfully, (Sd.) ABDUL AZIZ, Registrar." The petitioner alleges that he executed the prescribed agree ­ment in form annexure R to the petition in terms whereof the petitioner was bound by the Statutes and regulations from time to time in force in the University and in particular by those governing his grade, increment, conditions of service, rules of superannuation and provident fund rules, provided that no change in the Statutes or regulations was to affect him adver ­sely. The respondents deny the petitioner having executed the agreement, but all the same admit that he was bound by the Statutes framed under the original Act and also by those fram ­ed under the 1965 Act. The case of both the parties however is that the appointment of the petitioner as professor was on con ­tract basis. The period of probation was due to expire on 14 -12 -1968, but it was extended by the Vice -Chancellor under his orders conveyed to the petitioner on 11 -11 -1968 for a period of one year.

(2.) ON 5 -9 -1969 an Ordinance called the Kashmir and Jammu Universities Ordinance, 1969 (hereinafter referred to as 1969 Ordinance) was promulgated by the Governor. It provided for the establishment of two separate Universities, one for the Jammu Division and other for the Kashmir Division respect ­ively called the University of Jammu and the University of Kashmir. By Sections 21 and 22, the Act provided for the consti ­tution of a University Council for each of the two Universities and the powers and functions thereof. In terms the University Council was made into supreme authority of each University with the result that it could exercise plenary powers including inter alia the powers to appoint teachers of the status of readers and above and to define their duties. The appointments of teachers were to be made by the Council on the recommenda ­tion of a selection committee constituted under Section 36 of the Ordinance and on such terms and conditions as might be prescribed by the Statutes provided that the Vice -Chancellor was also competent to make such appointment as a temporary measure for a period not exceeding six months which could be extended for the duration of the academic sessions with the approval of the University Council. Section 52 of the Ordinance provided for the continuance of the services of the existing employees of the University of Jammu and Kashmir and their allocation. It was to the following effects: - Continuance of service of the existing employees and their allocation -Notwithstanding anything contained in this Ordinance or any Statute or Regulation made thereunder or in any other law for the time being in force - (1) all employees of the University of Jammu and Kash ­mir constituted under the Jammu and Kashmir University Act, 1965 (other than those serving on contract or on deputation in the University or those serving in the Publication Bureau of the University), who, immediately before the commencement of this Ordinance, were hold ­ing or discharging the duties of any post or office in con ­nection with the affairs of the said University shall, sub ­ject to the provisions of sub -section (2), continue in service on the same terms and conditions as regulated their service before such commencement; (2) the Chancellor may in consultation with the Pro -Chancellor by order allocate the employees of the Uni ­versity of Jammu and Kashmir (other than those serv ­ing on contract or deputation in the University or those serving in the Publication Bureau of the University between the University of Kashmir and the University of Jammu) constituted under this Ordinance in such manner as he may consider necessary and every such allocation shall be deemed to be an appointment, transfer or promotion as the case may be to the post or office by the competent authority under this Ordinance : Provided that in making such allocations the conditions of service of employment of such employees shall not be varied to their disadvantage ; (3) the employees of the Publication Bureau of the Uni ­versity of Jammu and Kashmir along with the assets and liabilities of the said Bureau shall stand transferred to the Jammu and Kashmir Board of Secondary Education constituted under the Jammu and Kashmir Secondary Education Act, 1965 with effect from such date after the commencement of this Ordinance as the Chancellor may specify: Provided that the conditions of service of such employee shall not be varied to their disadvantage on account of such transfer; and (4) all persons who immediately before the commence ­ment of this Ordinance were holding or discharging the duties of any post or office in connection with the affairs of the University of Jammu and Kashmir, on contract basis or by virtue of their deputation to such posts or offices from other services in the State, unless otherwise ordered by the Chancellor after consulting the Pro -Chancellor, shall cease to hold such posts or to discharge such duties after 60 days from the commencement of this Ordinance and all such contracts with or deputations to the University of Jammu and Kashmir shall stand termi ­nated with effect from the expiry of the said period of 60 days."

(3.) IT is common ground that all the employees of the erst ­while University of Jammu and Kashmir on contract basis, like the petitioner, were to cease to hold their posts or offices after sixty days from the commencement of the Ordinance when such contracts were considered to have been terminated unless other ­wise ordered by the Chancellor after consulting the Pro -Chancellor. The said period of sixty clays expired on 5 -11 -1969. Admittedly no such order as aforesaid was made by the Chancellor during the said period in respect of the petitioner. Even so he was allowed to continue in the services of the New University of Kashmir.