AMITAVA ROY,CJ - (1.) THE subject matter of impugnment is the judgment and order dated 19.1.2012 passed in S.B.Civil Writ Petition No.88/2012 whereby the appellant-writ-petitioner's request for annulment of the order dated 10.12.2011 terminating his services with the respondent-Jai Narayan Vyas University (for short, hereinafter referred to as "the University") has been negated. We have heard Mr.Ravindra Singh, learned counsel appearing for the appellant and Mr.Vijay Purohit, learned counsel appearing for the respondents.
(2.) A brief outline of the relevant facts would be necessary to appropriately comprehend the rival arguments. The appellant-writ petitioner, who was initially appointed as Assistant Professor on 15.11.1985 in the Department of Physics with the University, was promoted as Associate Professor on 15.11.1998. Having been offered the post of Director in Jaipur Engineering College, Kukas, Jaipur on 5.3.2009, he made an application on 7.3.2009 with the Vice-Chancellor of the University seeking grant of Extra Ordinary Leave (for short, hereinafter referred to as "the EOL") initially for a period of one year so as to enable him to join the new assignment. According to him, in view of his length of service over 15 years by then, he was entitled to EOL for a duration of 6 years. This application was forwarded and recommended by the Professor & Head of the Department of Physics of the University. Subsequent thereto, he submitted another application on 24.3.2009 reiterating his request and indicating inter-alia that he did wish to join the new assignment on 1.4.2009. This application too was forwarded by the Professor & Head of the Department of Physics with the recommendation to allow him to join the new post with effect from 1.4.2009. It was thereafter that by his application/letter dated 31.3.2009 addressed to the Vice- Chancellor of the University, he informed the latter that he was joining the new post with effect from 1.4.2009 and would leave the headquarters and that, he would complete all formalities soon after his (Vice-Chancellor) final approval was accorded. This application/representation too was forwarded for necessary action by the Professor & Head of the Department of Physics.
(3.) THE appellant-writ petitioner accordingly joined the post of Director, Jaipur Engineering College, Kukas, Jaipur on 1.4.2009 and eventually, by his letter dated 5.3.2010 while apprising the Vice- Chancellor of the University of the above fact, requested him for grant of EOL for 3 years with effect from 1.4.2009. The Head of the Department of Physics forwarded this application/representation. A few months thereafter, according to the appellant-writ petitioner, he on 9.9.2010 received a letter dated 9.8.2010 under the hand of the Registrar of the University to the effect that he had left the University without the permission of the competent authority and sanction of leave to join as Director, Jaipur Engineering College, Jaipur. Thereby, he was required, as directed by the Vice-Chancellor of the University, to resume his duty latest by 31.8.2010 in the Department of Physics of the University, failing which necessary action was to be taken as per rules. The appellant-writ petitioner has asserted that this letter dated 9.8.2010 was dispatched by the University on 7.9.2010 and received by him on 9.9.2010 and that even otherwise, having regard to these dates, it was not possible for him to comply therewith.;