ABDUL ROUF Vs. UNIVERSITY OF KASHMIR AND ORS.

JUDGEMENT

(1.) Petitioner seeks quashment of the order bearing No. F(L. Elect -Adm.)KU/TW/02 dated 05.11.2002 where -under services of the petitioner have been terminated with effect from 02.04.2001. Petitioner, a confirmed Senior Lecturer w.e.f. 1st September, 1991 in the Department of Electronics and Computer Science, University of Kashmir, had applied for grant of extraordinary leave for a period of one year on 28th March, 2001. Before it could be sanctioned, on 2nd April, 2001, he had communicated to the Vice Chancellor of the University that he is proceeding to join his new assignment at Al -Zaytoona University, Amman Jordan as he had received an intimation for joining there by the 1st week of April, 2001.

(2.) The application of the petitioner had been placed before the University Syndicate on 21st July, 2001. His request was not accepted, as a result whereof, it had been resolved that the petitioner be asked to resume his duties immediately. The petitioner had been accordingly informed vide letter dated 08.08.2001 but in response thereto he had conveyed his inability to resume his duties on the count that he had executed a contract with Al -Zaytoona University up to September, 2002, therefore, had requested that the matter be again placed before the University Syndicate for grant of extraordinary leave up to ending September, 2002 as a special case.

(3.) The matter had again been placed before the University Syndicate on 16.3.2002 wherein it had been resolved that the petitioner's absence be treated on extraordinary leave and be asked to resume his duties by 2nd April, 2002 failing which his services will be terminated. Petitioner again failed to resume his duties.