- (1.) Petitioner, in response to an advertisement dated 7.11.1993 issued by the Directorate of Higher Education, Haryana applied for the post of Lecturer. He was selected and appointed as a Lecturer (College Cadre) on ad hoc basis vide letter dated 13.12.1993. He joined on 7.1.1994 at Government College, Kanwali, District Rewari. Although the initial appointment of the petitioner was upto 15.3.1994 but the same was continued. He was transferred to Government College, Gohana, District Sonepat where he joined on 20.12.2001. Thereafter, he was transferred to Government College, Safidon, District Panipat in the year 2006 but was transferred back to Government College, Gohana on 6.6.2006. Since the appointment of the petitioner was on ad hoc basis, which did not give him many opportunities for career advancement, he started looking for Research Fellowship in abroad. In the year 2007, he applied for Research fellowship in Japan and South Korea and simultaneously submitted a representation dated 25.4.2007 to the Higher Education Commissioner, Haryana respondent No.2 seeking approval of the advance application made by him. A letter dated 12.6.2007 was received by the petitioner from Yonsei University, Seoul, South Korea informing him that he had been selected as a visiting Scientist for carrying out research under the prestigious Brain Pool Programme. Copy of this letter was e-mailed and faxed to the Higher Education Commissioner, Haryana as also the Principal, Government College, Gohana. On receipt of this letter, petitioner immediately submitted a representation dated 18.6.2007 to respondent No.2 through proper channel, which was duly recommended by the Principal, seeking sanction of study leave so that he could take his assignment w.e.f. 1.9.2007. When no response was received, petitioner submitted another representation dated 27.8.2007 highlighting therein the urgency in the matter as the project was to commence w.e.f. 1.9.2007.
(2.) In this representation, he submitted that if study leave was not being sanctioned then he be granted earned leave with half pay for 240 days in accordance with his entitlement. No response was received to this representation also which was forwarded by the Principal of the College. He enquired from the office of the Higher Education Commissioner where he was verbally told that he should proceed on his assignment as such type of cases are normally settled after the concerned employee has proceeded abroad. Petitioner left for South Korea and joined the Research Fellowship on 5.9.2007. The project was for a period of eight months but it could not be completed within this time, forcing the petitioner to apply for extension of leave. Letter dated 29.4.2008 was sent by the petitioner to the Commissioner, Higher Education, through the Principal Government College, Gohana, requesting for leave without pay till 31.8.2008. No reply to this letter was received by the petitioner.
(3.) Keeping in view the progress of the research work being carried out by the petitioner, his host Professor wrote a letter dated 11.8.2008 to him in which he was offered an extension of one more year on behalf of the Korean Government for successful completion of the said project. In the light of this letter, petitioner submitted a representation dated 21.8.2008 to respondent No.2 requesting for leave without pay for another one year which was again routed through the Principal, Government College, Gohana. Another representation dated 27.1.2009 was submitted by the petitioner through the Principal but no response was received. Higher Education Commissioner-respondent No.2 issued memo dated 4.3.2009 (Annexure P-11) to the petitioner stating therein that he had left India without permission and without any information and that he was required to join his duties within 15 days. Petitioner immediately left his research work, returned and submitted his joining report to the Higher Education Commissioner through the Principal, Government College, Gohana on 21.3.2009 well within 15 days on receipt of the memo. This was followed by a detailed representation dated 23.3.2009 to respondent No.2 wherein he explained that he had not left India without intimation and also the reason why he had done so. No salary was paid to the petitioner despite he having joined back in the College. He submitted a representation dated 4.7.2009 requesting for release of his salary from the date he had joined the College. Principal of the College also wrote a letter dated 23.7.2009 to respondent No.2 informing that no salary was being paid to the petitioner although he was performing all the duties assigned to him. The reminder was sent on 1.9.2009 followed by 21.9.2009 written by the Principal of the College. Further representations filed but without any result.;