Jaswant Singh - (1.) -This is an appeal by special leave from the judgment and order dated April 10, 1974, of the High Court of Andhra Pradesh at Hyderabad passed in Writ Petition No. 579 of 1974 upholding the resolution dated October 28, 1973, of the Syndicate of the Andhra University (conveniently referred to hereinafter as the 'Syndicate') terminating the services of the appellant by paymentto him of salary and allowances for six months in lieu of notice for six calendar months under section 24 of Chapter V of the Administration Manual of the University and clause 10 (b) of the written contract dated October 28, 1967.
(2.) Briefly stated, the facts leading to this appeal are:The appellant joined the Anthropology Department of the Andhra University as a Senior Lecturer in 1960. In course of time, he was promoted as Professor of Anthropology with effect from October 1, 1967, pursuant to a resolution of the Syndicate dated September 26, 1967. The conditions of service annexed to the communication of the Registrar of the University informing the appellant that the Syndicate by its aforesaid resolution dated September 26, 1967, had ordered that the appellant be appointed Professor in the department of Anthropology with effect from October 1, 1967, inter alia stated: "Every teacher, other than those appointed temporarily for one year or less, shall enter into a written contract with the University and get it executed within one month of the date of his joining duty and no salary can be drawn unless the contract is executed...... When a teacher is promoted from one grade to another he shall be treated as a new entrant in that grade and the appointee in the new grade shall be placed on probation for a period not exceeding 1 year and shall be required to execute a fresh contract: 'Teachers of the University shall ordinarily he appointed in the first instance on probation for a term not exceeding two years and shall be eligible for confirmation at the end of that period, provided their work is satisfactory. In the case of those who have been teachers before or have shown exceptional merit, the Syndicate may fix a shorter period. Teachers so confirmed shall be eligible to hold their appointments until they are 60 years of age subject to the provisions of Sections 7, 8, 9 and 10 of Chapter XXIX of Vol. I of the University Code. The appointments are subject to the statutes, ordinances and regulations, etc. of the University authorities that are current now or may be passed from time to time in respect of the University teachers."
(3.) On October 28, 1967, the appellant entered into an agreement with the University as required by the aforementioned conditions of service and Section 24 of Chapter V of the Administration Manual of the University. Clause 10 of the agreement which contained a reciprocal covenant ran thus:- "10. That the party of the first part will continue in the service of the University under the terms and conditions herein contained. (a) Providedalways that the party of the first part may determine this agreement on any day after CONFIRMATION by giving to the university a notice in writing of his intention to that effect at least six calendar months before such day and if such notice shall be given this agreementshall terminate on that day accordingly. (b) Provided further that this agreement may be determined on any day after confirmation by the Syndicate by giving the party of the first part a notice without assigning reasons in writing of its intention of that effect at least six calendar months before such a day or paying six months' salary in lieu of such notice; and if, such notice is given or payment made, this agreement shall terminate that day accordingly and the party of the first part shall not have the right of appeal to any other officer or authority against such termination. (c) Provided further that this agreement may be determined on any day by the Syndicate if the Senate shall resolve to abolish the post held by the party of the first part.";