UNIVERSITY OF RAJASTHAN Vs. SURENDRA KUMAR GOYAL

JUDGEMENT

(1.) THIS civil special appeal is directed against the order of learned Single Judge dated 16th August, 2002 passed in S. B. Civil Writ petition No. 5797/1993.

(2.) THE facts He in a narrow compass. The respondent was appointed as Aquatic Coach by the appellant-University on 5th June, 1976. He was also confirmed on the post of Aquatic Coach vide order of University dated 18th March, 1991 w. e. f. 5th June, 1976. While in service of the appellant-University, the respondent on 12th December, 1980 was commissioned in the Territorial Army. Periodically, he used to be called to serve with the Territorial Army in consonance with the exigencies of service. In course of time, the respondent was promoted as Major in the Territorial Army. On 30th June, 1990, the services of the respondent were requisitioned by the Territorial Army for 'operation Rakshak'. Pursuant to the requisitioning of his services by the Territorial Army, the University relieved him on 21st June, 1990, but relationship of master and servant between the University and the respondent was not servered as he continued to be in the service of the University while he was called to discharge his duties with the Territorial Army in June, 1990. During the Operation Rakshak, the respondent appears to have sustained spinal injury. He was hospitalished and was advised undertaking sedentary duties. On 27th October, 1990, the respondent was relieved from the Territorial Army. Thereafter, on 30th October, 1990, the respondent rejoined his duties as Aquatic Coach in the Rajasthan University. In view of his ailment, the respondent was examined by a Medical Board appointed by the University. According to the Board, the respondent was a case of Prolapsed Inter Vertebral Disc L4-L5-S1. In view of the severity of his symptoms, it was recommended that he should be referred back to his treating surgeon for surgery or else, be should accept his disability. The Board opined that in the present state he was not fit for duties. After the report of the Board on 30th August, 1993, the Syndicate resolved as follows:-

(3.) IN consonance with the resolution of the syndicate, the respondent was retired from service. Feeling aggrieved by his retirement from service, the respondent filed a writ petition. The writ petition was allowed by the learned Single Judge on 16th August, 2002 on the ground that the respondent was not given any opportunity to have his say before he was retired from service by the University. The learned Single Judge allowing the writ petition vide the impugned order directed that the respondent should be restored to the post which he was holding at the time of his retirement viz. the post of Aquatic Coach. The learned Single Judge also directed payment of 50% of back wages on his reinstatement as Aquatic Coach. The appellant-University not being satisfied with the order passed by the learned Single Judge has filed the instant appeal.