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TMI Blog1976 (4) TMI 215X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of the Andhra University as a Senior Lecturer in 1960. In course of time, he was promoted as Professor of Anthropology with effect from October 1, 1967, pursuant to a resolution of the Syndicate dated September 26, 1967. The conditions of service annexed to the communication of the Registrar of the University informing the appellant that the Syndicate by its aforesaid resolution dated September 26, 1967, had ordered that the appellant be appointed Professor in the department of Anthropology with effect from October 1, 1967, inter alia stated: Every teacher, other than those appointed temporarily for one year or less, shall enter into a written contract with the University and get it executed within one month of the date of his joining duty and no salary can be drawn unless the contract is executed When a teacher is promoted from one grade to another he shall be treated as a new entrant in that grade and the appointee in the new grade shall be placed on probation for a period not exceeding 1 year and shall be required to execute a fresh contract... Teachers of the University shall ordinarily be appointed in the first instance on probation for a term not exceeding two years an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent as Professor of Anthropology. Intimation of the determination of the agreement was communicated to the appellant by registered post which was received by him on November 3, 1973. The said communication was in these terms:- Under section 24 of Chapter V of the Administration Manual of the Andhra University and Cl. (10) of the Agreement entered into on 28-10-1967 between Dr. I.N. Subba Reddi on one part and the Andhra University on the other part, the said agreement is hereby determined. A cheque bearing No. 460292 dated 28-10-1973 for ₹ 9,316/15 P. On the State Bank of India, Waltair, being the salary and dearness allowance for six months is hereby enclosed as provided for in the aforesaid S. 24 and Cl. 10(b) . The appellant thereupon filed a suit. being suit No. 910 of 1973, in the Court of District Munsiff, Visakhapatnam questioning the validity of the aforesaid resolution dated October 28, 1973 of the Syndicate. In the said suit, an ex-parte temporary injunction was granted on November 5, 1973, restraining the respondents herein from implementing the resolution passed by the Syndicate. Aggrieved by this injunction, the respondents filed an appeal (CMA No. 41 of 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rvices of the latter without regard to the provisions of sections to 12 of Chapter XXIX of the University Code and whether section 24 of Chapter V of the Administration Manual was intra vires the powers of the Syndicate, a learned Single Judge of the High Court before whom the petition was placed for hearing referred the same for decision to a Division Bench. Following some decisions of this Court, the Division Bench of the High Court dismissed the writ petition holding that the impugned action had neither been taken as a measure of punishment for any misconduct on the part of the appellant nor did it involve a breach of any mandatory statutory obligation or any principle of natural justice; that in view of the fact that the impugned resolution communicated to the appellant was cumulatively based upon section 24 of Chapter V of the Administration Manual which was intra vires and clause 10 of the agreement which was valid and binding, the appellant could not have any legal grievance which could be redressed by a court of law and that no writ lay to quash the order terminating the contract of service. Mr. Garg, counsel for the appellant, has assailed the aforesaid resolution of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the provisions of the Act, the statutes (which can be framed by the Senate which is the supreme governing body of the University) may provide for the classification and the mode of appointment of the teachers of the University. It does not say that statutes can be made laying down the terms and conditions of service of the teachers nor does it put any fetter on the power of the Syndicate to define the terms and conditions of service of the teachers including the condition relating to termination of their services otherwise than by way of dismissal or removal. It follows, therefore, that the power conferred by clause (c) (iii) of section 19 of the Act is a power quite distinct and apart from the power to suspend or dismiss a teacher for misconduct and includes within its ambit power to lay down a condition relating to early termination of service of a teacher without casting any aspersion on him by giving him a notice for a specified period or on payment to him of salary and allowances in lieu of the notice although he may be eligible to continue in service upto a specified age. Section 34 of the Act lays down that every salaried officer and teacher of the University shall be appoin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d for in section 24 of Chapter V of the Administration Manual and clause 10(b) of the aforesaid contract of service. As such, neither section 24 of Chapter V of the Administration Manual nor clause 10(b) of the agreement can be held to be void on the ground of repugnancy to sections 7 to 12 of Chapter XXIX of the University Code. This takes us to the third and last contention raised on behalf of the appellant which is also devoid of substance. The instant case, it will be seen, is neither a case of abolition nor suspension of a post as contemplated by section 7, nor of suspension as contemplated by section 8, nor of dismissal or removal for misconduct as contemplated by section 8, nor of termination of services on the ground of ill-health. It is, in our opinion a case of termination of service simpliciter with out attaching any stigma which is governed by the conditions of service specified in the aforesaid contract of employment which the Syndicate was empowered to lay down under section 19(c) (iii) of the Act and is clearly covered by the decision of this Court in Sirsi Municipality by its President v. Cecelia Kom Francis Teellis where one of us, namely the learned Chief J ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icle 311, it was difficult to say that the services of the respondent were not merely terminated in accordance with Regulation 9(b) which governed the conditions of his employment. It may be that the motive for termination of his services was the breach of Standing order 17 i.e. of filing a writ petition in the High Court against the demotion without exhausting departmental remedies but the question of motive is immaterial. No charge-sheet was preferred under Regulation 15 nor was any enquiry held in accordance therewith before the order under Regulation 9(b) was made. (ii) As regards the punishment having been inflicted for misconduct the order being a mere camouflage, no such question could arise in the present case. Regulation 9(b) clearly empowered the authorities to terminate the services after giving one month's notice for pay in lieu of notice. The order was unequivocally made in terms of that Regulation. Even if the employers of the respondent thought that he was a cantankerous person and it was not desirable to retain him in service, it was open to them to terminate his services in terms of Regulation 9(b) and it was not necessary to dismiss him by way of punishment ..... X X X X Extracts X X X X X X X X Extracts X X X X
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