- (1.) THE present writ petition has been preferred for issuance of an appropriate writ, order or direction in the nature of certiorari for quashing the orders of the Chairman of the Managing Committee, L.D.S. Adarsh Sanskrit Maha Vidyalaya, B. Deoghar, dated 23.12.1998 and 16.2.1999, communicated by letter issued by the Principal being No.16/I/P/98 -99/2 dated 18.1.1999 and letter no.16/I/P/98 -99/14 dated 27.2.1999 and further for issuance of a writ, order or direction commanding upon the respondents to reinstate the petitioner on his post with all consequential benefits with effect from 1998.
(2.) THE facts, in brief, are stated as under; The petitioner was appointed as P.G.T. (English) on permanent post in L.D.S. Adarsh Sanskrit College, B. Deoghar, which is a Post Graduate Sanskrit College, established under the scheme of Adarsh Sanskrit Mahavidyalaya/Sodh Sansthan by the Department of Education, Ministry of Human Resources Development, Government of India, after due selection and joined on 1.8.1984. The said college is under the administrative and financial control of the Government of India. The petitioners service was subsequently confirmed with effect from the date of joining i.e. 1.8.1984 vide letter no.32/88 -89 dated 20.9.1988 by the Chairman of the Managing Committee. While the petitioner was working he got a teaching assignment on contract basis from Taiz Branch of Sanaa University, Republic of Yemen, which was communicated to him by Fax and received by the petitioner on 14.11.1991 asking him to join latest by 30.11.1991. Accordingly, he applied for lien for five years and also for leave without pay for three months in case of delay in granting the lien. The Principal of the College granted lien vide letter dated 18.11.1991 on the assurance that the final decision will be taken by the Managing Committee and he was accordingly, relieved on 18.11.1991 by the Principal. A certificate was also given to the petitioner. Initially the lien was given for two years from 18.11.1991 to 17.11.1993 vide resolution no. 5 dated 30.4.1992 by the Managing Committee and the same was communicated by the Principal vide letter dated 19.8.1993. Thereafter, the petitioner filed an application for extension of lien for another three years, which was allowed vide resolution no.3 dated 13.2.1994 and the period of lien was extended from 18.11.1993 to 18.11.1996 and the same was communicated by the Principal vide letter dated 2.3.1994. In the resolution dated 13.2.1994 it was mentioned amongst others that if the petitioner fails to immediately join his duty in the college after completion of five years of lien ending on 17.11.1996, his services will be automatically ceased/terminated. The petitioner returned after completing five years ending on 17.11.1996 and vide letter dated 29.9.1996 further prayed for extension of lien for another two years from 18.11.1996 to 17.11.1998, which was also granted by the Principal and the Member Secretary in anticipation of the approval of the Managing Committee and he was relieved on 10.10.1996, permitting him to go abroad vide letter no.5196 -97 dated 9.10.1996. The petitioner further submits that the Principal -cum -Secretary of the Managing Committee also informed the same to the Ambassador of India, Sanaa Republic of Yemen, vide its letter dated 10.10.1996, stating therein, that the petitio0ner has been permitted to continue his assignment with University of Taiz in Yemen and that his lien has been extended for a further period of two years in anticipation of the approval of the Managing Committee. A letter was sent to the petitioner on 7.3.1998 informing him that vide resolution dated 5.3.1998, finally approved by the Managing Committee, his extension for another two years was not approved. According to the petitioner he came back and left his foreign assignment and discharged his duties in the college regularly till 19.9.1998 and thereafter the college was closed for Durga Puja vacation and on reopening the petitioner having fell seriously ill could not join the college on the reopening date i.e. 6.11.1998. He finally joined on 6.1.1999 and gave a medical certificate and on 11.1.1999 also prayed for payment of salary for the period from 13.8.1999. Thereafter, he also sought leave on three occasions. Finally the respondents served a letter through the Principal on 18.1.1999 that the petitioner was illegally absenting from the college and that his services from 13.8.1998, which was the date of rejoining the college after return from lien, shall be treated as fresh service.
(3.) ANOTHER letter was issued by the Principal on 27.2.1999 stating therein that he was informed by the Deputy Director (Senior), Sri Krishna Public Educative Institute, Ranchi that the petitioners service has been terminated with effect from 19.9.1998. The petitioner preferred an appeal challenging the order of termination before the competent authority on 31.3.1999 and further requested to allow him to join. The respondents, in their submission as well as in their counter affidavit have submitted that this is a case of unauthorized absence for a long period and further the petitioner is guilty of misrepresentation even before a foreign university where he stated to be a lecturer but in fact he was working as a P.G.T.;