CHANDRA PRAKASH CHATURVEDI Vs. SECRETERY SETH MOTILAL

JUDGEMENT

(1.) SETH Motilal College, Jhunjhunu, is an educational institution at Jhunjunu, and it is managed by Shri Jhootalal Educational Society. The Government of the State of Rajasthan grants 90 per cent financial aid to this institution.

(2.) ON the basis of an application dated 2nd June/86, made by the petitioner, Chandra Prakash Chaturvedi, and personal interview on 3rd Oct.,'86, the petitioner was appointed as a Lecturer in Political Science, in Seth Motilal College, Jhunjhunu (for short, 'the College', hereinafter), on a temporary basis, with effect from the date he joined his duties till the last date of the current session 1986 -87. It was specified in the appointment -letter (Annex. 1) that the appointment would be subject to the approval of the current session 1986 -87. It was specified in the appointment by the Director of College Education, Rajasthan and University of Rajasthan, and the rules and regulations of the institution in force, or which might be enacted thereafter. During the temporary period, the appointment could be terminated on one month s notice on either side at any time, or paying one month's salary in lieu thereof. The temporary period of appointment was automatically to be over be the last date of the current academic session 1986 -87. The petitioner was asked to join on any date from 5th Nov., to 11th Nov.,'86. The petitioner Joined this appointment on 5th Nov.,'86. On 1st June,'87, the Principal of the College, addressed a communication (Annex,3), to the Director of College Education, Rajasthan, Jaipur, seeking permission to appoint inter alia the petitioner as Lecturer in Political Science, from the beginning of the academic session 1987 -88, It was mentioned in this communication that considering the work -load in History, Political Science and Economics subjects, three posts were sanctioned to the College upto 6th May,'87, vide the letter of the Director, College Education, deated 1st Jan. ,'87. It was further mentioned that in the subjects of History and Political Science, temporary posts were being given to the College, for the last three years. The petitioner had been appointed by the Selection -Committee, in which the Government -nominee was also present. Considering the unnecessary expenditure in interview, and in the interest of students' studies, it was requested that the Principal of the College might be allowed to appoint the petitioner as Lecturer in Political Science, from the beginning of the session. It appears that in pursuance of the letter dated 1st Aug.,'87, from the office of the Director, College Education, Rajasthan, Jaipur, the petitioner was appointed provisionally as a Lecturer in Political Science, with effect from 1st Aug.,'87, vide provisional appointment letter (Annex. 2). It was specified that the appointment was against a vacancy in Political Science, likely to be created on finalisation of admissions for the academic session 1987 -88. The provisional period of the petitioner was to be over automatically, if the post was not created/sanctioned by the Director, College Education. It was further mentioned, that the petitioner would not get any emolument whatsoever for the provisional period, as agreed by him. On creation of work -load and sanction of the post by the Director, College Education, the provisional appointment of the petitioner was to be converted in terms of the post, as sanctioned by the Director, College Education. Thereafter, it appears that the post of Lecturer in Political Science, had been approved permanently by the Director, College Education, on the basis of work -load, with effect from 1st Aug.,'87, and consequently, the petitioner's provisional appointment, made vide Annexuie -2, was converted into an appointment on one year's probation with effect from 1st Aug.,'87. it was mentioned in the appointment -letter dated 5th Oct.,'87 (Annex.5) that the petitioner's services would be guided as per the terms and conditions laid down in the agreement -from, prescribed by the Education Department for the aided institutions, which the petitioner would execute. The petitioner was to abide by the amendments in the agreement -form, made by the Education Department, later on. During the probation period, the appointment could be terminated on one month's notice on either side, at any time, or paying one month's salary in lieu thereof.

(3.) IT is alleged that on 30th July, '89, the petitioner was told by the Secretary of the College that his services were no more required in the College after 31st July, '89. The petitioner asked for issuing him termination -letter. But, the Secretary of the College gave oral termination -order terminating the services of the petitioner with effect from 1st Aug.,'89.