M.R. Hariharan Nair, J.

The main question that arises for consideration in these Original Petitions is whether on repatriation to the private aided college from another University where a teacher was working on deputation, he would be entitled to retain his original seniority, albeit R.8 Part II of the Kerala State and Subordinate Services Rules, 1958 is inapplicable to teachers working in private colleges under the Universities.

2. The case projected in O.P. No. 11591/2000 is as follows: While working as Selection Grade Lecturer in History in the Sanatana Dharma College, Alappuzha (for short 'the College'), the petitioner herein was sent on deputation to the Sree Sankaracharya University of Sanskrit, Kalady (for short 'the University') as Lecturer vide Ext. PI order dated 24.7.95. As per Ext. RI(b) order dated 31.7.95, he was relieved of his duties in the S.D. College. In due course, the deputation post was redesignated as 'Reader'. Pursuant to the Full Bench decision in Sree Sankaracharya University of Sanskrit v. State (1996 (2) KLT 378), the appointment of the petitioner in the University was terminated. As per Ext. RI(f) letter, the principal of the S.D. College, Alappuzha, clarified that the petitioner had no lien in the college, though he had not submitted any resignation letter for getting relieved for joining the University in 1995. It was also mentioned in the said letter that a substitute had since been appointed in the vacancy caused by relief of the petitioner. The Principal had also given Ext. P4 No objection Certificate for absorption of the petitioner in the services of the University; but that was before the Full Bench of this Court declared that the appointments made in the University were irregular and that the services of the staff and teachers irregularly appointed should be terminated. The petitioner was relieved of his duties in the University with effect from 8.9.1997 as per Ext. RI(i) order. On the very next day, namely, on 9.9.1997, the petitioner made a request to the College for re-appointment. The College responded swiftly. On the very next day, the petitioner got Ext. RI(h) reply stating that his request was rejected obviously for the reason that another person had already taken his place.

3. The Government considered the grievances of persons like the petitioners and issued Ext. P6 order on 4.2.1998 sanctioning creation of supernumerary posts to provide re-appointment of teachers repatriated from the University. One of the posts so created was for absorption of the petitioner as Senior Scale Lecturer in History in the S.D. College, Alappuzha. As per Ext. P17 order issued on 20.2.1998, the petitioner was appointed in the said post. Teachers like the petitioner approached the Government once again with their grievances. In Ext. P7 order dated 17.5.1999 the Government clarified that the period of service of persons thrown out from the University would be treated as on deputation. The Government also issued Ext. P8 order on 10.3.2000 clarifying that the period spent by the teachers without appointment ie., between the date of relief from the University and the date of re joining in the parent institutions would be treated as 'duty' for all purposes except for pay and allowances.

4. The impact of the said order was that the period during which the petitioner was out of service after relief from the University and until re-appointment in the College ie., from 9.9.1997 to 20.2.1998 would be period of duty though without entitlement for pay and allowances. The petitioner then put in Ext. P9 representation to the Director of Collegiate Education, Thiruvananthapuram, requesting that in view of Ext. P3 order the said period from 9.9.1997 to 19.2.1998 might also be regularised as service in the college. In Ext. P10 letter, the college also clarified to the University that the period of service of the petitioner in the University is treated as on deputation and the petitioner is to be given his due in