- (1.) The petitioner was appointed by the Government of India on the post of Assistant Linguist in Anthropological Survey of India at Shillong where he joined the post on May 1, 1969. Thereafter, he was selected through Union Public Service Commission for the post of Senior Linguist which he joined in July 1973, at Calcutta and was confirmed on that post. According to the petitioner, in the year 1980, Kendriya Hindi Shikshan Mandal, Agra (hereinafter referred to as Mandal) advertised the posts of Professors, Readers and Lecturers for appointment in the Kendriya Hindi Sansthan. The Government employees were required to sent their applications through proper channel of their departments. It is not in dispute that the said Mandal is an autonomous body registered under the Societies Registration Act, 1860, with its registered office at Agra. It has its own Memorandum of Association, rules and Bye-laws. The Ministry of Education, Government of India, for the development and propagation of Hindi as an all India language, as envisaged under Article 351 of the Constitution of India established the aforesaid Mandal. The main object of the mandal is to establish and to carry on the administration and management of the Central Institute of Hindi, i.e. Kendriya Hindi Sansthan, Agra (hereinafter referred to as Sansthan). The petitioner in pursuance of the aforesaid advertisement applied for the post of Reader in the said Sansthan. The petitioner was thereafter selected by the selection committee, which was finally approved by the Governing Council of the Mandal and offer of appointment was sent by the Secretary of the Mandal to the petitioner and the petitioner accepted the offer of appointment. According to the petitioner, Senior Administrative Officer, Anthropological Survey of India Calcutta, forwarded the acceptance letter dated 18.6.1982 sent by the petitioner to the Mandal along with his letter dated June 23, 1982 stating that there is no objection to the petitioner joining the post in the Mandal on foreign service terms on deputation referred to in that letter. Thereafter, the petitioner was relieved by the parent department and joined the post of Reader on 19th November, 1982 in the Mandal on deputation on foreign service initially for a period of two years. The petitioner's period was subsequently extended each year by the Mandal with the approval of the parent department and was extended up to 18th November, 1986. Thereafter, on 29th October, 1986, the Registrar of the Sansthan asked the petitioner whether he would like to go back to his parent department after expiry of the deputation period, or would like to resign from the post of Senior Linguist and to get permanently absorbed of the post held by him in the Sansthan. The petitioner also sent a letter dated 29th December, 1986, to the parent department submitting his technical resignation from the post of Senior Linguist to facilitate his absorption by the Mandal in the Sansthan. The Department of Culture, Ministry of Human Resources Development, under which Anthropological Survey of India functions, informed the Director of the Sansthan that the Department had no objection to the permanent absorption of the petitioner in the Sansthan, but the terms and conditions of the permanent absorption will be communicated only after the decision of the Governing Council of the Sansthan is conveyed to the department.
(2.) According to the petitioner, in view of the aforesaid facts his deputation period having expired on 19th November, 1986 and the petitioner had been working on the permanent post of Reader in the Sansthan the petitioner is to be permanently absorbed on the post of Reader. The petitioner further relied on G.O. by virtue of which Ministry of Personnel P.G. & Pensions (Department of Pension and Pensioner's Welfare) dated 31st March, 1987 (annexure 16 to the petition). According to it, in case a Government employees does not return to his parent department during or after the sanctioned deputation period he will be deemed to have been permanently absorbed in the autonomous body on the date of expiry of deputation period. The contention is that the petitioner, who surprisingly received the impugned order dated 20/21st December, 1987 issued by the Acting Director/Secretary of the Mandal by virtue of which it was communicated to the petitioner that the Education Department, Ministry of Human Resources Development, Government of India, on the 17th December, 1987, has decided that the petitioner cannot be permitted by the absorbed in the Sansthan and he was director to be returned to the parent department. In view of this, the petitioner was relieved from his services in the Sansthan from the afternoon of 21st December, 1987, so that he may immediately join his parent department.
(3.) During the pendency of the writ petition, the petitioner realising that the foundation for his being relieved form the post of Reader in the Sansthan was the order dated 17th December, 1987, passed by the Department of Education, Ministry of Human Resources Development, Government of India, he made two applications one for impleadment of the Secretary, Ministry of Personnel, Public Grievances and Pension, Government of India, as opposite party No. 4 and the other for adding additional grounds and prayer in the writ petition for quashing the aforesaid order, which is annexure as Annexure I to the supplementary counter affidavit. This Court by means of order dated 21st May, 1988 allowed both the applications and accordingly Secretary, Ministry of Personnel, Public Grievances and Pension, Government of India, was impleaded as opposite party No. 4 and two grounds and prayer were also added in the writ petition. Sri N.B. Singh, Senior Standing Counsel for the Union of India accepted notice on behalf of the newly added respondent No. 4 and he prayed for and was granted time up to 4th July, 1988 to file a reply. A counter affidavit was filed on behalf of the respondent Nos. 2 and 3, viz. Sansthan and the Mandal respectively, in which it is stated that the Mandal is a society registered under the Societies Registration Act and was established to administer and manage the administration and management of the Central Institute of Hindi, viz. Kendriya Hindi Sansthan, Agra. The case of these respondents is that the memorandum of association and rules framed for the Mandal and its bylaws make out that it is a society and is neither a department of the Government nor an authority as contemplated by Article 12 of the Constitution of India. Further, since the impugned order was passed by the Mandal, which is a society, is not amendable to the writ jurisdiction and, therefore, no relief could be granted to the petitioner. Apart from the aforesaid preliminary objection it was further averred that even though the petitioner did not fulfil the eligibility conditions for his posting as Reader in the Sansthan he was called for the interview on the basis of recommendation of the screening committee. The selection committee or the screening committee did not record any reasons for granting of relaxation to the petitioner which indicated that selection of the petitioner as Reader of Sansthan was irregular and not in accordance with the advertisement. Subsequently to the said selection it seems that some interested persons challenged the selection of the petitioner and the matter was reviewed. Hence, a two-member Enquiry Committee was constituted by the Government of India to look into the matter. Thereafter, the matter of permanent absorption of the petitioner was placed in the meeting of the Governing Council on the 15th December, 1987 and the Governing Council on the basis of the findings of the Enquiry Committee and advice given by the Department of Personnel to the Ministry approved the action for repatriation of the petitioner to his parent department.;