A.P.Singh - (1.) SRI Shankerji Singh petitioner has filed the present writ petition with the prayer that the Director of the Institute of Engineering and Rural Technology, Allahabad (hereinafter called the 'IERT') may be directed by a writ of mandamus to allow him to join his post of Engineering Instructor/Assistant Lecturer in I.E.R.T. He has also prayed for issue of order to accord all benefits which are obviously attached to his joining of the post.
(2.) BRIEF facts involved in this writ petition are that the petitioner was appointed as Engineering Instructor, which post is now equivalent to that of Assistant lecturer by order dated 22nd October, 1980 which was to be effective from 1-10-1980 in the pay scale of Rs. 325-575. A copy of the letters of appointment has been filed as annexure 1 to the writ petition. The order reads as follows :- "Allahabad Polytechnic, Allahabad AD HOC APPOINTMENT No. AP/PF/4201 dated 21-11-80 Sri Shanker Ji Singh, M. T. Line 117/9, Cariappa Road, Allahabad. You are hereby temporarily appointed as Engg. Instt. on Rs. 325/- P.M. Three hundred Twenty five plus D.h. in the grade of Rs. 305-10-375- 12-495-16-575 payable from Rac A/c w.e.f.. 1-10-80. You should join your post latest by Your services are terminable at any 'time without notice. Copy to ;- 1. Account Section (Asstt) (R. N. Kapoor) Principal" A perusal of the order would show that the petitioner was appointed on temporary basis in the pay scale of Rs. 305 10-375-12-495-16-575 on a consolidated salary of Rs. 325/ per month plus D.A. It was made clear that his services will be terminable at any time. Whereafter petitioner was transferred from one post to another post in the service of I.E.R.T. and finally he was sent on deputation in the service of Navodaya Vidyalaya Samiti by order date 26-11-86. The order, which is important for the purposes of this case, reads as follows : INSTITUTE OF ENGINEERING AND RURAL TECHNOLOGY 26, Chatham Lines (near Prayag Station Allahabad) 211 002- U. P. (India) IERT/Estab/2723 dated 26-11-86 Consequent to his appointment as W.E.T. (Craft Teacher) by the Navodaya Vidyalaya Samiti Shastri Bhawan, New Delhi, Shri Shankerji Singh has been relieved of bis duties in this Institution provisionally with effect from 26th November, 1988 A. N. His lien in this institution has been retained for two years from the date of his relief. The relieP of Sri Shankerji Singh is provisional subject to production of No Dues Certificate which he has not been able to submit due to strike by the employees of this institution. Director Copy forwarded for information and necessary action to : 1. The Director,, Navodya Vidyalaya Samiti, Room No. 115, 1st Floor, C-Wing, Shastri Bhavan, New Delhi-110 001." A reading of the order would show that consequent to petitioner's appointment as Craft teacher in the Navodaya Vidyalaya Samiti, he was provisionally relieved from his duties in the I.E.R.T, with effect from 26-11- 86. His lien in the I.E.R.T. was, however, retained for a period of two years. Annexure 9 is the order dated 10-11-86 appointing the petitioner in the Navodaya Vidyalaya Samiti as Craft teacher which also shows that his appointment was made on deputation. Since this order is also material for deciding the fate of the case, the same is reproduced below : "No. 1-30/85-NVC Navodaya Vidyalaya Samiti. Room No 116, 1st Floor, C-Wing/Shastri Bhavan, New Delhi-110 001. Dated 10-11-86. The Chairman, Navodaya Vidyalaya Samiti is pleased to appoint Shri Shanker Ji Singh as WET (Craft Teacher) of Navodaya Vidyalaya at Vlll. Jangal Agrahi on deputation. The terms and conditions of deputation are enclosed. You are requested to get yourself relieved immediately and report to the principal, Navodaya Vidyalaya Vill. Jangal Agrahi/District Magistrate, Gorakhpur, U. P. latest by 24th November, 1988 failing which the offer will stand automatically withdrawn. The date of reporting to the principal/District Magistrate will be treated as your joining it the Navodaya Vidyalaya Samiti. There is a possibility of permanent absorption of the candidate in the Samiti after completion of two years provided his/her services are found satisfactory. The Samiti reserves the right of accepting or rejecting retention of such emplopees on permanent basis. Please send your acceptance to the Director Navodaya Vidyalaya Samiti Telegrahically at the given address : Sh. Shanker Ji Singh M.T. Line, 117/9, Karriyyapa Road, Allahabad (U. P.) (K. S. Sharma) Director Copy to 1. Principal, Navodaya Vidyallaya, Vill, Jangal Agrahi, Distt. Gorakhpur, U. P." Subsequently, by letter dated 8-11-88, Dean, Mechanical Engineering Faculty T.E.R.T., Allahabad was requested by the Deputy Director of Navodaya Vidyalaya Samiti to grant one year's extention to the petitioner's deputation in the Navodaya Vidyalaya Samiti with effect from 28-11-88. Relevant portion of this letter, which is annexure 10 to the writ petition, rends as follows : "Subject Extension in deputation period in respect of Shri/Smt. Shri Shankerji Singh WET. Sir. Please refer to this office Setter of even number dated 7-9-88 on the above mentioned subject vide which you were requested to grant extension in lien of deputation period of one another year of above mentioned teacher, Shri Sharkar Ji Singh Is waking in Navodaya Vidyalaya Jangal Agrahi, Gorakhpur, U. P. on deputation from Institute of Engineering and Rural Technology, 26, Chatham Lines, near Prayag Station completing his deputation period on 27-11 88. You are again requested to grant extension in Deputation period of one another year w.e.f. 28-11-88. Arc early reply is solicited."
(3.) HOWEVER, by order dated 7 11-88 the Director of I.E.R.T. refuged to grant the extension of deputation for the reason that the term of on-going Windmill Research and Development project in which petitioner had his lien had already expired due to the closure of the Department, i.e. Department of Non Conventional Energy Source Ministry of Energy Govt. of India. Subsequently however petitioner made an application dated 18-11-88 which is annexure 12 to the writ petition, insisting for extension of his deputation period by one year whereupon the Director I.E.R.T. wrote to the Deputy Director, Navodaya Tidyalaya Samiti that the matter was being put up before the Managing Committee of the I.E.R.T. whose decision shall be communicated as soon as it is taken. Thereafter, by letter dated 20-4-89 the Director informed the Deputy Director, Navodaya Vidyalaya Samiti to the effect that the I.B.R.T. had no objection to the extension of deputation and retention of lien of the petitioner Craft Teacher for a further period of one year from 27-11-88. It was also made clear that she institute has no objection if the petitioner is finally absorbed in the Navodya Vidyalaya Samiti. Thus, by order dated 20-4-89, a copy whereof is annexure 14 to the writ petition, the petitioner was allowed to continue in the Navodaya Vidyalaya Samiti for a period of one year from 27-11 -88, but before the period of one year from 27-11-88 could expire, petitioner was relieved from Navodaya Vidyalaya Samiti on 10-5-89. Consequently, he made an application to She Director, I.E.R.T., which is annexure 15 to the writ petition, by which he requested that he had been relieved on 10-5-89 and has come to report to join the service in the I.E.R.T. on 11-5-89 and he may be allowed to join. This request of the petitioner, however, was not accepted and he was not allowed to join. Hence, this writ petition. The case of the respondent, on ike other hand, is that the petitioner was appointed against a temporary post under a project which has already come to an end. Petitioner of his own applied for appointment in Navodyaya Vidyalaya Samiti where he was allowed to join and he of his own joined the service of Navodaya Vidyalaya Samiti. He was never sent on deputation and his services in the I.E.R.T. did not continue thereafter firstly for the reason that he joined the service of Navodaya Vidhyalaya Samiti and secondly that the Windmill Research and Development project under which he was appointed had come to an end and the post was no mom available to appoint him again. It was farther contended by the respondent that petitioner was never sent on deputation nor his lien was retained in the service of IER.T. inasmuch as he was neither in permanent service of IE R.T. nor there was any provision for retention of his lien. It is also asserted that the petitioner's appointment having been made under a particular project, his services automatically came to an end with the termination of that project and the petitioner cannot be granted the relief claimed by him in the writ petition. The respondent further contended that I.E.R.T. being a private body and not governed by any statutory provision nor being agency or instrumentality of the Government either of the State or the Central, as such, the relief claimed in the writ petition cannot be allowed and no mandamus can be issued to the respondent. In short, the manitainability of the writ petition was opposed on the ground that the respondent was a private body and was not a State or an Authority under the provisions of Article 12 of the Constitution, as such, writ petition was not maintainable. It was also contended that the relief of reinstatement in the service could only be allowed when there was breach of some provision of law and since no breach of any provision of law has been disclosed in the writ petition, as such, no such relief can be allowed.;