- (1.) The petitioner has preferred this writ petition for issuance of a writ of certiorari quashing the order dated 08th August, 1994 (annexure-12 to the writ petition) passed by the Registrar of Banaras Hindu University, Varanasi, the respondent no. 1 herein, whereby the services of the petitioner have been terminated. The petitioner has also challenged the order dated 1/6th September, 1997 (annexure-13 to the writ petition), which, in fact, is a communication by the Assistant Registrar (Administration), the respondent no. 3, intimating the petitioner with regard to the decision dated 28th September, 1994 regarding termination of his services w.e.f. 14th November, 1992.
(2.) Basic facts pertinent to the issue involved in the matter are as follows: Petitioner's father, namely, late Bhoop Narain Prasad Singh was a Driver in the Banaras Hindu University, Varanasi (in short called as the "University"). The University is governed by the provisions of the Banaras Hindu University Act of 1910 as well as Statutes and Ordinances framed thereunder. Unfortunately, petitioner's father died in harness. The petitioner made an application for employment in the University on compassionate ground. The University has constituted a Committee, which considers the applications for appointment on compassionate ground. The Committee considered the application of the petitioner and made a recommendation to appoint him on the post of Hostel Attendant. Consequently, a letter of appointment was issued to the petitioner on 25th September, 1992. A copy of the appointment letter of the petitioner has been brought on record as Annexure-1 to the writ petition and also as Annexure-CA-1 to the counter affidavit. The petitioner was directed to join his duties as Hostel Attendant in Broacha Hostel of the University. It is stated that when the petitioner submitted his joining to the Administrative Warden of Broacha Hostel, he was not allowed to join. The petitioner brought this fact to the notice of the Assistant Registrar (Admin) of the University, the respondent no. 3, who issued a notification dated 30th September, 1992, whereby the petitioner was transferred as a Hostel Attendant, Ruiya Hostel (Sanskrit Block). A copy of the said notification is Annexure-2 to the counter affidavit. It is stated that Administrative Warden of Ruiya Hostel also refused to get the joining of the petitioner. The petitioner brought this fact also to the notice of the respondent no. 3 vide his application dated 21st December, 1992. A copy of the said intimation is Annexure-5 to the writ petition. It appears that the petitioner was not being allowed to join his duties as Hostel Attendant, therefore, he made an application for change of his post and requested that he may be appointed as Peon, Chowkidar or Driver. Said application of the petitioner was also rejected and vide order dated 5/12th February, 1993 of the respondent no. 3 he was again asked to join at Ruiya Hostel. In compliance of the said order, petitioner again went to the Administrative Warden of Ruiya Hostel for his joining. In the meantime, the petitioner fell ill and he submitted his application for leave. A copy of the said application is on record as Annexure-8 to the writ petition. It is stated that before going to his native place, the petitioner was reporting his duties in the Central Office of the University, but he was not paid his salary.
(3.) The petitioner's further case is that he made several representations to the authorities of the University to allow him to join his services but all in vain. However, in the meantime, he was intimated by the respondent no. 3 vide communication dated 01/6th September, 1997 that his services have already been terminated by the University vide order dated 28th September, 1994 w.e.f. 14th November, 1992. A copy of the said communication is Annexure-13 to the writ petition. Feeling aggrieved by the said order, the petitioner preferred this writ petition in the year 1998.;