- (1.) The petitioner has approached this court seeking quashing of the communications dated 1.4.2009, 17.11.2009 and 10.8.2010, whereby past service rendered by the petitioner from 27.1.2006 to 11.12.2006 in Orissa University of Agriculture and Technology, Bhubneswar, was not counted for grant of benefits, as are available under the rules.
(2.) Learned counsel for the petitioner submitted that certain posts of Assistant Professor of Veterinary Biochemistry were advertised by Guru Angad Dev Veterinary & Animal Sciences University (for short, 'the University') in January, 2006. The petitioner applied for the post. At the time of submission of his application, the petitioner was un-employed. However, subsequently he was selected and appointed through proper procedure as Assistant Professor of Veterinary Biochemistry in Orissa University of Agriculture & Technology, Bhubneswar. When the petitioner appeared for interview for the post conducted by the University on 23.11.2006, he produced 'No Objection Certificate' by Orissa University of Agriculture & Technology. Ultimately, he was selected for the post and issued appointment letter on 28.11.2006 prescribing that character and antecedents of the petitioner are required to be verified. In case, the verification report is not received from the concerned officer within 30 days, the joining shall be accepted on provisional basis. In response to the offer of appointment, the petitioner joined his service on 28.12.2006 after he was relieved by Orissa University of Agriculture & Technology on 11.12.2006. Thereafter, in terms of the provisions of the rules, the petitioner applied for counting of his past service for the purpose of grant of benefits available therein. The same have been wrongly denied stating that there is a break of 17 days in service.
(3.) The contention of learned counsel for the petitioner is that in terms of the condition laid down in the letter of appointment in case the report regarding character and antecedents verification is not received from the concerned officer within 30 days, the joining of the petitioner could be accepted provisionally. In the present case, as the report was not received, the petitioner submitted his joining on 31 st day, which was accepted. It cannot be said to be a break in service. The petitioner had resigned from his earlier job only on account of his appointment with the University. He was relieved on 11.12.2006. He could not join with the University earlier. As the character and antecedents verification report had not been received and as per the condition in the letter of appointment, in case of non-receipt of such a report in 30 days, the petitioner could join on provisional basis. The petitioner having joined on 31 st day, nothing lies in the mouth of the University to state that there was any break in service.;