PRADIP KUMAR BORA S/O LT TILAKESWAR BORA Vs. ASSAM AGRICULTURAL UNIVERSITY AND 4 ORS
LAWS(GAU)-2018-9-120
HIGH COURT OF GAUHATI
Decided on September 18,2018

Pradip Kumar Bora S/O Lt Tilakeswar Bora Appellant
VERSUS
Assam Agricultural University And 4 Ors Respondents

JUDGEMENT

Nelson Sailo, J. - (1.) Heard Mr. P. Mahanta, the learned counsel for the petitioner. Also heard Mr. P. Kataki, the learned Standing Counsel, Assam Agricultural University appearing for the respondent Nos. 1 to 3. None appears for the respondent No.5.
(2.) It is seen that notice was issued to the respondent No.5 on 2 (two) occasions i.e. on 02.05.2015 and thereafter, on 17.08.2017 by registered post with A/D card. But, despite this, the respondent No.5 remains unrepresented till date and therefore, this Court has no option but to draw presumption of service upon the respondent No.5.
(3.) Brief facts of the case may be narrated at the outset. The petitioner was employed under the Assam Agriculture University at Jorhat (respondent Nos. 1 to 3) on being appointed as Scientist sometime in the year 1992. After having served for about 17 years under the respondent Nos. 1 to 3, the petitioner applied and secured employment as Associate Professor (Soil and Water Conservation) in the Central Agricultural University at Imphal, Manipur (respondent No.5). The petitioner, therefore, submitted his resignation from the post held by him under the respondent Nos. 1 to 3 and which was accepted vide order dated 03.04.2009 (Annexure-4). After issuance of his release order, the petitioner submitted an application for granting him lien to his earlier employment and thereafter, orders dated 27.01.2010 and 22.09.2010 (Annexures-5 & 6 respectively) were issued to him granting lien for one year each, summing up to 2 years. Finally, the resignation of the petitioner was accepted vide order dated 12.07.2011 (Annexure-8) w.e.f the date of his release for joining his new assignment under the respondent No.5. It may be noted that his date of release from his previous employment was accepted as 07.04.2009.;


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