K. N. Singh, J. - (1.) :-
(2.) BY means of this petition under Article 226 of the Constitution the petitioner has claimed relief for the issue of a writ of certiorari quashing the award of the District Judge/Umpire dated 24-11-1976 and also for quashing of the termination order dated 11-10-1984. The brief facts giving rise to this petition are that the petitioner holds a diploma in Civil Engineering in the First Division from Handia Polytechnic, Allahabad. He was appointed on 23-9-1966 as Instructor in Civil Engineering in a temporary capacity in the U. P. Agricultural University, Pantnagar District Nainital. His services were temporary and liable to be terminated at any time on one month's notice. While the petitioner was working on the said post an advertisement for the post of Instructor in Civil Engineering was published by the authorities of the University. The petitioner applied for the same. He was interviewed by a duly constituted committee which made recommendations in his favour but no formal appointment letter was issued to him.
(3.) THE petitioner was initially appointed in the pay scale Rs. 300-25-350 but later on the scale of Instructor in Civil Engneering was changed and the petitioner was given the scale of Rs. 300-25-600 by a resolution of the Board of Management dated 21-9-1974. By order dated 11-10-1974 the Vice Chancellor of the University terminated the petitioner's services. THE petitioner challenged the order of termination by means of a writ petition (No. 6570 of 1975). THE writ petition was dismissed on 31-3-1975 on the ground that the petitioner had not exhausted his remedy under Section 27 of the U. P. Agricultural University Act, 1958 by taking recourse to arbitration proceedings against the termination order. THE petitioner thereafter applied for referring the dispute to arbitration in accordance with Section 27 of the Act. Dr. Moti Singh was appointed Arbitrator on behalf of the petitioner and Sri O. S. Misra was appointed Arbitrator on behalf of the University. Since both the Arbitrators failed to agree with each other on the validity of the order of termination the matter was referred to Shri A. B. Mathur, Umpire the then District Judge Nainital. THE Umpire after hearing both the parties passed a speaking order on 24-11-1978 holding that the order of the Vice Chancellor dated 11-11-1974 terminating the petitioner's services was legal and valid. Aggrieved the petitioner has filed this petition under Article 226 of the Constitution for quashing the award and the order of the Vice Chancellor dated 11-10-1974 terminating the petitioner's services.;