U S SHAH DR Vs. GUJARAT AGRICULTURAL UNIVERSITY BANASKANTHA
LAWS(GJH)-1988-6-1
HIGH COURT OF GUJARAT
Decided on June 01,1988

U S Shah Dr Appellant
VERSUS
Gujarat Agricultural University Banaskantha Respondents


Referred Judgements :-

NALINKANT J. BAXI V. CHARMAN AND MANAGING DIRECTOR BANK OF INDIA BOMBAY AND ORS. [REFERRED]
BALRAM GUPTA VS. UNION OF INDIA [FOLLOWED]



Cited Judgements :-

HARGOVANBHAI M. PATEL VS. GUJARAT AGRICULTURAL UNIVERSITY, AHMEDABAD [LAWS(GJH)-1991-10-30] [REFERRED TO]


JUDGEMENT

A.P.RAVANI - (1.)Petitioner is serving as Professor of Dairy Engineering with respondent No. 1-University. On completion of twenty years of service he submitted a letter dated 6/08/1985 and expressed his desire to voluntarily retire upon expiry of leave due to him. He submitted this letter under the provisions of Gujarat Agricultural University Statutes Chapter-III Schedule-II Item 7.7 (xii) which inter alia provides that an University employee giving notice of voluntary retirement may also apply before the expiry of the notice for the leave standing to his credit which may be granted to him to run concurrently with the period of notice. The appropriate respondent authority replied to the petitioner to the effect that his request for availing of the leave standing to his credit was accepted and he was informed that he will be entitled to avail of the leave. Different categories of leave to which the petitioner was entitled were to expire on 31/12/1986 and they were sanctioned from time to time. During this period the petitioner continued to guide M.Sc. Students who were undergoing Post-Graduate Studies in M.Sc. (Dairy Engineering). Meanwhile the post of Professor of Dairy Engineering was not filled in but only arrangement was made for giving additional charge of the post to other person.
(2.)The period of voluntary notice of voluntary retirement was to expire on 31/12/1986 Before this date i.e. on 20/12/1986 the petitioner withdraw his notice of voluntary retirement and requested the University Authorities to permit him to join his duties with effect from 1/01/1987 According to the petitioner this was permissible under Gujarat Agricultural University Schedule-II Chapter-III Item No. 7.7 (vi). However when the petitioner went to resume duties he was served with a letter dated 31/12/1986 and he was directed not to resume duties till final decision was taken by the higher authorities of the University. The petitioner submitted a letter dated 1/01/1987 to respondent No. 1-University stating that he had submitted his duty joining report as per his application dated 30/12/1986 By letter dated 19/02/1987 the petitioner has been informed that his request to withdraw the notice to voluntary retirement was not granted by the Chancellor. This letter is produced at Annexure J to the petition. Therefore the petitioner has challenged the legality and validity of this decision by filing the petition on 9/03/1987 Initially notice was issued returnable on 20-3-1987 and thereafter matter was being adjourned from time to time. Meanwhile on 4/04/1987 the respondent-authorities issued advertisement inviting application for the post of Professor of Dairy Engineering. The petition came up for admission hearing on 28/04/1987 On that day this Court (Coram: R. A. Mehta J.) passed the following order:
"Rule

Interim relief restraining the respondents from making appointment to the post which was held by the petitioner Expedited Mr. Shelat waives service of Rule."
During the pendency of the petition the respondent-authority issued letter dated 7/09/1987 and subject to the result of the petition retired the petitioner from services with effect from 30/07/1987 A.O.H. The petitioner challenges the legality and validity of the aforesaid decision.
(3.)The respondent appeared in the petition and filed affidavit in reply inter alia contending that the Vice-Chancellor of the University had rejected the application for withdrawal of the notice of voluntary retirement on the ground that it was submitted after one and half years of the application expressing his desire to voluntarily retire. It is also contended that the petitioner had enjoyed his leave due to him and he would not be in a position to work on his original post if he were to join back after one and half years period from the date of exercise of option of voluntary retirement.
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