PHILIP BARJO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. The petitioner is seeking reinstatement in service on the substantive post of lecturer in the department of history in Workers College, Jamshedpur on which post, according to him, he was granted permanent status by confirmation of service vide Ranchi University Memo No. B/1542/84 dated 27.04.1984.

(2.) The petitioner was appointed as lecturer in the department of history in Tata College Chaibasa on 02.01.1973 and his services were absorbed under 24 months statue and was transferred to Workers College, Jamshedpur from Tata College Chaibasa in 1978. The petitioner was granted leave with lien for. two years w.e.f. 30.08.1984 enabling him to join his new assignment as temporary Principal of A.J.K. Mahavidyalaya, Mango, Jamshedpur. His lien was extended for further period of one year up to 29.08.1987. The petitioner continued to work as principal in the said college without prior permission or extension of lien from the Ranchi University, Ranchi. The petitioner remained absent from 29.08.1987 for about 13 years and a show cause notice was issued to the petitioner vide Memo No. B/5571-76 in the year 2000 to submit his reply. He prayed for treating his absence from duty as extraordinary leave in special circumstances. The matter was placed before the Syndicate of University, which declined to allow the request on account of his long absence for about 13 years from service of the University vide Resolution No. 44 of 2005. According to the respondents, it is the discretion of the University to grant or refuse extraordinary leave and they have, after due application of mind, come to a conclusion that long interruption of the petitioner in service amounts to forfeiture of his past service. The petitioner had earlier approached this Court in the year 2005 in W.P.(S) No. 4762 of 2005 whereunder the respondents were directed to consider and take a decision within stipulated period.

(3.) Thereafter, the Syndicate of the University vide decision dated 19.11.2005 again considered and rejected the representation of the petitioner for such reinstatement, which was duly communicated to him vide order dated 16.02.2006 issued by the Registrar, Ranchi University, Ranchi. The said decision is part of the supplementary affidavit filed on behalf of the petitioner, which has not been challenged.