AGRAWAL, C. J. - (1.) THIS appeal has been preferred by the appellant, Purshottam Nagar, against the judgement of the learned Single Judge dated 7. 03. 1991 dismissing his writ petition.
(2.) THE facts in brief are that the appellant-Purshottam Nagar was appointed as Director of the Rajasthan Hindi Granth Academy, Jaipur (for short 'academy'), a society registered under the Societies Registration Act, for a period of two years in pursuance of recommendation made by the Selection Committee. It was notified in the appointment letter dated 30. 12. 81 that the appellant would be entitled to other perks and allowances in accordance with the terms and conditions of the Academy. The period of probation of the appellant was extended from time to time, the last of which was upto January 8, 1985 (Annexure '8' to the writ petition ). Vide this order though the period of probation was extended but he was discharged with immediate effect. The appellant challenged his discharge/termination by filing S. B. Civil ' Misc. Writ Petition No. 100 of 1985. During the pendency of this writ petition, a decision was taken by the Government on July 15, 1987 to reinstate him. The order was, however, issued by the Government on January 2, 1990 (Annexure 28 to the writ petition) under the signatures of Sri Damodar Das Acharya, the then Minister of Education and Chairman of the Academy cancelling discharge/termination order of the appellant dated 8. 1. 1985 and re-appointing him on the post of Director of the Academy, which is reproduced below: Varnacular Text Soon thereafter on 25. 01. 1990 Shri Damodar Das Acharya passed another order (Annexure '31' to the writ petition) making the appellant permanent with effect from 1. 1. 1984 and regularising his services from 8. 1. 1985, the date on which he was terminated to 2. 1. 1990, the date of reinstatement. The same is also reproduced below: Varnacular Text
(3.) IN view of the aforesaid orders S. B. Civil Misc. Writ Petition No. 100 of 1985 was withdrawn by the appellant. On the withdrawal, the following order was passed by this Court: " Mr. G. S. Singhvi, learned counsel for the petitioner wants to withdraw the petition. Same is, therefore, dismissed as withdrawn. " After the withdrawal, the appellant apprehended that the Government of Rajasthan was contemplating to remove him from the post of Director again and, therefore, he filed the present writ petition praying for the following main relief: " by an appropriate writ, order or direction the respondents be directed to produce the entire record of the case relating to the petitioner and the Hon'ble Court may kindly restrain the respondents from terminating the petitioner's service from the post of Director, Rajasthan Hindi Granth Academy and/ or removing the petitioner from that office in any other manner. " The writ petition was contested by the Academy and the claim of the appellant that he was permanent, was disputed as wrong. It was alleged that the appellant was temporary/probationer and that as he had not been confirmed, he had no right on the post and that the Academy could justifiably remove him. The Academy further claimed that the Chairman had no power to reinstate the appellant and to pass re-instatement order dated 2. 01. 1990 without approval of the Executive Committee. ;