VISHWANATH MANOHAR RAO VIHITE Vs. BHOPAL VISHWA VIDYALAYA BHOPAL

JUDGEMENT

(1.) THIS order shall also dispose of Misc. Petition No. 505 of 1976 (M. H. Hashmi v. Bhopal Vishwa Vidyalaya and others) and Misc. Petition No. 669 of 1976 (5. 5. Raghuwanshi v. Bhopal Vishwavidyalaya and others ). The three petitioners, namely, V. M. Vihite, M. H. Hashmi and s. S. Raghuwanshi, were all employed as Upper Division Clerk, Grade II, and were working in the examination section of the Registrar's office in the bhopal University. By a common order dated 16-6-1975, the services of all these three petitioners were terminated. The petitioners challenge the termination of their service in this manner.

(2.) THE material facts in respect of these three petitioners are as under:-V. M. Vihite: On 16-3-1971, he was appointed temporarily until further orders as a Lower Division Clerk in the Bhopal University. On coming into force of the M. P. Vishwavidyalaya Adhiniyam, 1973, with effect from 5-5-1973, he was declared to be on probation on the post of lower Division Clerk with effect from 1-6-1973 for a period of one year. On 26-7-1973, he was promoted to officiate temporarily until further orders as Upper Division Clerk, Grade II. On 7-9-1974, his period of probation as Lower Division Clerk was extended until further orders. His service was terminated by the impugned order dated 16-6-1975. M. H. Hashmi: He was appointed temporarily until further orders as Lower Division Clerk in the Bhopal University on 8-1-1971. On coming into force of the M. P. Vishwavidyalaya Adhiniyam, 1973, he was declared to be on probation as Lower Division Clerk for a period of one year commencing on 1-3-1973. On 26-7-1973, he was promoted to officiate temporarily until further orders as Upper Division Clerk, grade II. On 28-2-1974, his period of probation as Lower Division Clerk was extended by another three months. On 7-9-1974, his period of probation was further extended until further orders. During the continuance of this probationary period, his service was terminated by the aforesaid common order dated 16-6-1975. S. S. Raghuwanshi: He was appointed temporarily until further orders as Lower Division Clerk in the Bhopal University with effect from 13-10-1970. He was promoted to officiate temporarily until further orders as Upper Division Clerk, Grade II on 14-7-1972. On coming into force of the M. P. Vishwavidyalaya Adhiniyam, 1973, he was declared to be on probation as Lower Division Clerk with effect from 1-3-1973 for a period of one year. This probationary period was extended by three months on 28-2-1974. On 7-9-1974, his probationary period as Lower division Clerk was further extended until further orders. During the period of probation, his service was terminated by the same order dated 16-6-1975.

(3.) THE contentions of Kumari Kanti Rao, who appears for the petitioners V. M. Vihite and S. S. Raghuwanshi, as well as the contentions of shri D. M. Dharmadhikari, who appears for the petitioner M. H. Hashmi, are the same. Their contentions are as under :-