- (1.) The special appeal has arisen from a judgment and order of the learned Single Judge dated 15 May 2015, by which the writ petition filed by the first respondent was allowed, an order of termination was set aside but on the principle of 'no work no pay', the claim for back wages was declined. The Bundelkhand University1 and its Vice Chancellor are in special appeal.
(2.) On 10 January 2005, a resolution was passed by the Executive Council of the University, which is a statutory body governed by the Uttar Pradesh State Universities Act, 19732 providing for the appointment of the first respondent as a Data Entry Operator, a Class-III post, until a regular selection was made through a Selection Committee. The first respondent was accordingly notified on 10 January 2005. On 3 April 2005, the Executive Council reconsidered its earlier resolution and took a decision to regularise the services of the first respondent on the post of Data Entry Operator. On 16 February 2006, the Executive Council reconvened and, among the subjects on the agenda, reconsidered the appointments of two persons as Data Entry Operators including the first respondent. The Executive Council noted that the appointment of the first respondent was made without the recommendation of a duly constituted Selection Committee which is contrary to the relevant Government Order. The Executive Council accordingly resolved to terminate the services of the first respondent. According to the University, following the resolution of the Executive Council, a notice to show cause was issued to the first respondent on 29 May 2006. The first respondent was terminated from service by an order dated 31 August 2006.
(3.) The first respondent filed a writ petition3 challenging the action of the appellants. Pleadings were exchanged. By a judgment and order dated 15 May 2015, the learned Single Judge has set aside the decision of the University on the ground that (i) the action was in violation of the principles of natural justice; and (ii) the Executive Council had no power to review its decision regularising the services of the first respondent.;