LAWS(JHAR)-2021-12-65

KUMAR PANKAJ ANAND Vs. CENTRAL UNIVERSITY OF JHARKHAND

Decided On December 21, 2021
Kumar Pankaj Anand Appellant
V/S
Central University Of Jharkhand Respondents

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioner has challenged the order contained in Order No. 558 dtd. 30/5/2020 (Annexure-14 to the writ petition) passed by respondent no. 4, whereby the appointment of the petitioner has been cancelled. The petitioner has further prayed for reinstatement with all consequential benefits.

(3.) The facts as delineated in the writ petition are that the respondent Central University of Jharkhand published an advertisement on 15/4/2011 for appointment on different posts including the post of Executive Engineer. The last date of submission of the application was 20/5/2011. The petitioner applied for appointment on the post of Executive Engineer and after he was found fit and eligible, he was appointed on 18/11/2011 in the pay scale of 15600-39100 with Grade Pay of Rs.6600..00 Pursuant thereto, he joined on 3/2/2012. After serving for a considerable period, a show cause notice was issued to the petitioner on 22/5/2020, which he duly replied on 27/5/2020 and thereafter, by the impugned order, the service of the petitioner was terminated. The specific case of the petitioner is that he possessed the degree of Bachelor in Civil Engineering with 10 years of experience, as stipulated in the advertisement and therefore, he was rightly appointed. It is further case of the petitioner that there was a general information under Clause (xvi) of the advertisement dtd. 15/4/2011 itself to the effect inter alia that the University may relax the qualification / experience and age limit at its discretion at any stage in case of candidates with exceptional merit.