UNIVERSITY OF JODHPUR Vs. GOPAL KRISHAN LOHRA

JUDGEMENT

(1.) These two intra-court appeals, directed against the same order dated 27.03.1992 whereby the learned Single Judge of this Court has allowed the writ petition (CWP No.461/1983) preferred on behalf of the contesting respondent Dr. Gopal Krishan Lohra (the writ petitioner), involving similar questions on the same set of facts, have been considered together; and are taken up for disposal by this common judgment.

(2.) By the order impugned, the learned Single Judge has upheld the challenge to the order dated 20.10.1982 (Annex.15) whereby the appellant-University of Jodhpur (now Jai Narain Vyas University) had terminated the services of the writ petitioner from the post of Medical Officer pursuant to the resolution dated 09/10.10.1982 (Annex.14) as adopted by its Syndicate essentially for the reason that the writ petitioner failed to report on duty after the expiry of the period of extra-ordinary leave; and, while quashing the aforesaid resolution and the termination order and while directing that the period of the writ petitioner's absence from duty from the date of termination until the date of reinstatement shall be considered extra- ordinary leave without pay, the learned Single Judge has held him entitled to the benefit of continuity of service but without effect on the employment of the other appellant Dr. Bhawneshwar Derasari on the post of Medical Officer.

(3.) Shorn of unnecessary details, the facts, events, and background aspects relevant for the present purpose could be noticed thus: By an order dated 11.01.1974, the writ petitioner was appointed as Medical Officer in the appellant-University; he joined as such on 16.01.1974; and was confirmed in his appointment by the order dated 20.01.1975. The writ petitioner had applied for foreign assignment and his selection thereto was conveyed by the Government of India in its Ministry of Home Affairs under the communication dated 26.10.1978 (Annex.R/1); and, by the order dated 07.11.1978 (Annex.R/3), the appellant-University granted him extra-ordinary leave without pay for two years from the date he was relieved with permission to take up the assignment in Iran. However, the writ petitioner did not avail the leave in pursuance of the said order Annexure-R/3.