Decided on September 29,1967



- (1.) BY this application under Article 226 of the Constitution, the petitioner seeks a writ of ceritorari for quashing an order of the Vice-Chancellor of the Jawaharlal Nehru krishi Vishwa Vidyalaya, Jabalpur, reverting Mm from his appointment in Class I to Class II service.
(2.) THE matter arises thus. In August 1962, the petitioner joined service in the former State of Madhya Bharat, and was appointed as a Lecturer in Agronomy, He was con-firmed la that post, on 27 November 1968. On 13 September 1956 he was appointed as Agronomists at the Agricultural Research, Institute, Gwaller, in the higher scale of Rs. 300-20--500. According to the return filed by the respondent-State, this appointment in the higher scale was temporary. According to the applicant after the formation of the new State of Madhya Pradesh he was directed to take charge as Professor of Agriculture on 7 October 1958; that there-after for some reason, not made known to him, the Government did not consider his claim for appointment as Professor till August, 1962; that during this same he made various representations to the Government against his susperssesion and also sought permission to apply for posts outside the State; but the Government did not appoint him in Class I service and yet refused to permit him to apply for a post outside the State saying that his services could not be speared.
(3.) ON 29 August 1862, the Government passed an order appointing the petitioner as Professor of Agronomy, Agriculture College, Indore, in Madhya Pradesh Agriculture Service, Class I, in the scale of Rs. 550-550-30-700-70 -E. B. 30-860-25-860. The order stated that the appoinment were temporary until further orders. Thereafter by an order passed in August 1963, the Government declared that the applicant was a departments) promotee to the post of Professor of Agronomy in Madhya Pradesh Agriculture Service, Class I. Then on 27 June 1964, the Government made an order reverting the petitioner to the post of Assistant Agronomist in Madbya Pradesh Agriculture Service, Class II, transferring him from Indore to Jabalpur. The applicant represented to the Government against his reversion and on 7 August 1964, the Government passed an order appointing him as effecting Professor of Agronomy, Agriculture College, Indore, Madhya Pradesh Agriculture Service, Class I. This order mentioned that the appointment was temporary until further orders, After this appointment petitioner became an employee of the Jawaharlal Nehru Krishi Vishwa Vidyalaya. On 19 October 1965, the Deputy Comptroller of the Vishwa Vidyalaya addressed this following communication to the petitioner: Orders the Vice-Chancellor terminating your appointment in Class I and reposting you as a Lecturer Class II are as under issue as parabely. I am desired by the Vice-Chancellor to say that yon may apply for leave immediately, as the orders referred to above in Para 1 are be given effect to immediately.;

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