LAWS(JHAR)-2016-3-124

SANTOSH MANDAL Vs. THE NATIONAL INSTITUTE OF TECHNOLOGY, THE DIRECTOR, NATIONAL INSTITUTE OF TECHNOLOGY, THE REGISTRAR, NIT JAMSHEDPUR

Decided On March 29, 2016
SANTOSH MANDAL Appellant
V/S
The National Institute Of Technology, The Director, National Institute Of Technology, The Registrar, Nit Jamshedpur Respondents

JUDGEMENT

(1.) Being aggrieved of order dated 02.05.2014 of the learned Single Judge handed down in W.P.(S) No. 1524 of 2005, the appellant-writ petitioner (hereinafter to be referred as petitioner ) has filed the instant Letters Patent Appeal in which there was delay of 220 days which stands condoned while allowing I.A. No. 6021 of 2015 vide order dated 01.03.2016 and now taken on Board for its final consideration.

(2.) The father of the petitioner, who was Medical Attendant, died in harness on 07.07.1989. The petitioner was appointed on compassionate ground in the Regional Institute of Technology now National Institute of Technology, Jamshedpur by appointment letter dated 08.12.2001, admittedly after about 12 years of the death of his father. Such like appointments were taken note of in writ petition being W.P.(S) No. 680 of 2002 titled Mithilesh Kumar Vs. R.I.T. & Ors. in which vide order dated 24.01.2002 while dismissing the writ petition, the learned Writ Court observed as under:

(3.) Since, the aforesaid order was not complied with, a contempt petition being Contempt Case (Civil) No. 866 of 2002 was filed, in which certain directions were issued. Thereafter, the concerned authorities issued notices in the individual cases. This is how the petitioner was served show-cause notice of the termination to which he responded and thereafter, order of termination dated 17.02.2005 was issued by the Director of National Institute of Technology, Jamshedpur which gave him cause to move the Writ Court through W.P.(S) No. 1524 of 2005 which now stands dismissed.