UMRAO MAL MATHUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner was working on the post of Professor of skin and General Diseases, at the S. N. Medical College, Jodhpur when he attained the age of a superannuation on July 7, 1969. However, he was retained in the service of the State Government and was granted an extension on the said past upto February 26, 1971. He was reemployed on the aforesaid post for a period of one year by the order of the State Government dated July 8, 1971 with effect from March 1, 1971, while the petitioner was working on the post of Professor, in pursuance of the aforesaid order of his re employment, on order passed by the State Government dated September 10, 1971 was served upon him by which the earlier order dated July 8, 1971 was cancelled with immediate effect. THE petitioner appears to have been relieved of his post in pursuance of the aforesaid order dated September 10, 1971 on September 14, 1971. THE petitioner filed the present writ petition challenging the aforesaid order of September 10, 1971 cancelling his order of reemployment. However, during the pendency of the writ petition, the State Government, by a subsequent order dated October 6, 1971 superceded the earlier order dated September 10, 1971 and at the same time, terminated the re-employment of the petitioner with effect from September 10, 1971. THE order dated October 6, 1971 reads as under: - "government OF RAJASTHAN MEDICAL & PUBLIC HEALTH DEPARTMENT. No, P. 9 (11) MPH/71/gr. I. Dated Jaipur the 6th Oct, 1971. ORDER In supersession to this department order of even No dated 10-9-71, the re-employment of Dr. Umrao Mal Mathur as Professor of Skin a V D. at Medical College, Jodhpur is hereby terminated w. e. f. 10-9-71. He shall be paid one month's pay in lieu of one month notice. By Order Sd/- (Gopesh Bhatt) Dy. Secretary to Government. "

(2.) THE learned counsel for the petitioner submits that after having retired from service he was re-employed for a fixed term of one year by the orders of the State Government dated July 8, 1971 with effect from March 1, 1971 and, therefore, he had a right to held the post of Professor of Skin and Vanereal Diseases upto February 29, 1972 and that order of earlier termination of his services with effect from September 10, 1971 amounted to his removal from service by way of punishment and was in contravention of the provisions of Article 311 of the Constitution.

(3.) THE writ petition is consequently allowed as indicated above. In the circumstances of the case, the parties are left to bear their own costs. .