Back
HIGH COURT OF ORISSA
B.P. DAS, J. & B.K. NAYAK, JJ.
Dr. Sitikantha Mishra : Petitioner
Vrs
Union of India & ors. : Opp. Parties
W.P.(C) No. 2331 of 2010,
Decided On : 27.3.2012
Lien - Employment Dispute - Society Registration Act - [Society Registration Act] - The court discussed the regularization of posts in the Indian Institute of Tourism & Travel Management (IITTM) and the petitioner's claim of retaining lien in the post of Professor while joining as Director. The court emphasized the intention of the employee in abandoning the previous post and the requirement of confirmation and permanence for acquiring lien. The court found no merit in the writ application and dismissed it.
Fact of the Case:
The petitioner sought to quash a communication preventing him from holding the position of Professor/Administrator at IITTM, Bhubaneswar, and to release his salary. The petitioner claimed that his appointment as Professor was regularized with retrospective effect and that he retained lien in the post while joining as Director.
Finding of the Court:
The court found that the petitioner's service as Professor ceased upon joining as Director, as he intended to abandon the previous post. The court emphasized the requirement of confirmation and permanence for acquiring lien and concluded that the petitioner's claim was unfounded.
Issues: The issues involved whether the petitioner retained lien in the post of Professor while joining as Director and whether his service was regularized in the post of Professor.
Ratio Decidendi: The court emphasized the intention of the employee in abandoning the previous post and the requirement of confirmation and permanence for acquiring lien. The court also highlighted that regularisation does not connote permanence and that the petitioner's claim of retaining lien was unfounded.
Final Decision: The writ application was dismissed by the court, and no costs were awarded to the petitioner.
JUDGMENT
B.K. NAYAK, J.
In this writ application the Petitioner prays for quashing the communication dated 18.01.2010 under Annexure-16 issued by Opp. Party No.3, the Professor & Director-in-charge of Indian Institute of Tourism & Travel Management, Gwalior, Madhya Pradesh (in short the 'IITTM') to the Reader of IITTM Eastern Regional Centre, Bhubaneswar directing him not to allow the Petitioner to enjoin upon himself any official capacity till a decision on his present position is taken. Further prayer has been made to allow the Petitioner to enjoin as Professor & Administrator of IITTM, Bhubaneswar Centre & to function as such & for direction to the Opp. Parties to release his salary.
2. The IITTM, Gwalior is an autonomous body under the Ministry of Tourism, Government or India & is registered under the Society Registration Act. Its headquarters is situated at Gwalior & its Eastern Regional Centre has been established at Bhubaneswar. It is managed by a Board of Governors as per the terms of its Constitution, Rules & Regulations & byelaws. The Director of IITTM is its Chief Executive Officer & the Secretary of Board of Governors & has the duty & responsibility to look after the day to day administration & implementation of the decision of the Board of Governors & the Ministry of Tourism.
3. The Petitioner's case is that in pursuance of advertisement issued by the IITTM under Annexure-2, the Petitioner made an application & was selected & offered appointment for the post of Professor in Business Studies on contract initially for a period of three years as per letter of the Director, IITTM dated 04.01.1897 under Annexure-3. In pursuance of the letter of appointment, the Petitioner joined the post on 20.01.1997 as he was assured by the then Director of the Institution that the Petitioner's appointment will be regularized subsequently. While the Petitioner was continuing in the post of Professor, on 20.02.1998 he was transferred to Bhubaneswar Centre of IITTM against the vacant post of Professor Subsequently, in pursuance of the letter of the Administrative Officer of the institute dated 17.06.1999, the Petitioner was directed to takeover charge of the post of Administrator of the Bhubaneswar Centre & accordingly on 21.06.1999, he took over charge of Administrator as per charge report (Annexure-4). The Petitioner's initial appointment as Professor was extended on 12.01.2000 till 31.03.2000 & subsequently from time to time vide Orders Dated 06.07.2000, 01.10.2001, 01.05.2002, 14.05.2003 & 16.03.2006 as per Anenxure-5 series.
4. It is stated that since the time of its establishment in 1983, except Group 'C' & Group 'D' employees, who are the Non-teaching, staff, all faculty & other staff members of IITTM were being recruited on contract basis & their services were extended from time to time. On the request of the Ministry of Tourism, the Staff Inspection Unit (SIU) of the Department of Expenditure, Ministry of Finance conducted an assessment of the manpower requirement of IITTM, Gwalior & submitted its report in 2002 recommending the Government for regularization of 68 number of posts out of which 24 posts were for Bhubaneswar Centre. In its recommendation the SIU suggested for regularization of one post of Professor & Administrator in the pay scale of Rs.16,400,22,400 for Bhubaneswar Centre.
5. While the Petitioner was working as Professor & Administrator at the Bhubaneswar Centre of the Institute on contract basis, in pursuance of an advertisement published in March, 2006 for the post of Director, IITTM, Gwalior, the Petitioner applied for the said post & was selected & appointed as Director on contract basis for a period of three years as per Order Dated 08.06.2006 (Annexure6) of the Director-in-charge, IITTM & Member Secretary, Board of Governors. The Petitioner joined the post of Director of IITTM. On 12.06.2006 as per the letter of Additional Director General, Department of Tourism, Ministry of Tourism, Government of India, the P
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
