JAISHREE THAKUR,  J.

1. The instant writ petition has been filed under Article 226/227 of the Constitution of India praying for the issuance of a writ in the nature of certiorari seeking quashing of order dated 07.08.2013 Annexure P-19 passed by respondent No.1 dismissing the appeal filed by the petitioner against the order of termination of his service, with a further prayer for issuance of a writ in the nature of mandamus for directing respondent Management to reinstate the petitioner with continuity of service and to pay him all arrears of pay and other consequential benefits along with interest.

2. The petitioner was appointed as Senior Lecturer-Mass Communications with Ansal Institute of Technology respondent No.2 herein, (now merged with Sushant School of Architecture w.e.f. 2012 and renamed as Ansal University, impleaded as respondent No.3) where his services were confirmed w.e.f. 01.07.2007. He continued to work with the Institute and was given additional responsibilities of Post Graduate Diploma in Retail Management (PGDRM) course Coordinator up to 01.02.2011. On 01.01.2009, he was promoted as Assistant Professor in School of Management. Based on his performance and annual appraisal, the petitioner was given an increment on 17.08.2009 and also given an additional increment on 27.12.2010. Petitioner was then promoted as Assistant Dean (Marketing) on 08.02.2011 with additional honorarium of Rs.5,000/- per month w.e.f. 01.02.2009. The petitioner proceeded on leave on 07.10.2011 as he was suffering from jaundice and had been advised bed rest. He duly informed respondent No.2 through email. On resuming work on 08.11.2011, respondent No.2 asked him to hand over his laptop and vacate cubicle. His salary was not released for the period October 2011 to March 2012 and was paid after some time. On 19.03.2012, the services of the petitioner were terminated on the ground of poor intake of students for the subject taught. The petitioner filed a civil suit which was withdrawn to approach the Educational Tribunal, which dismissed the appeal of the petitioner against the order of termination on the ground that the termination is non-stigmatic and there exists a relationship of master and servant between the petitioner and respondent No.2. Hence, the present writ petition.

3. Learned counsel appearing on behalf of the petitioner would contend that the order of termination of his services is illegal as within a month of terminating his services, the Management of Ansal University advertised the post of Assistant Professor in management, the post he was holding. It is argued that the petitioner was competent to teach the post which had been advertised. It was further submitted that the post was abolished by the respondent so as to dismiss the petitioner from service. The Ansal Institute of Technology (AIT for short) where the petitioner worked was affiliated with Guru Gobind Singh Indraprastha University, New Delhi, and thereafter AIT and Sushant School of Architecture were merged to form Ansal University on 10.02.2012 (prior to the termination of the petitioner). It is further submitted that the services cannot be terminated without issuing show cause notice to the employees even if it is on account of abolition of the post. In this regard, counsel would rely upon judgment rendered in Raghubir Singh Versus State of Haryana, 1994(1) PLR 133. It is further argued that the other employees’ services were terminated as well by respondent No.2 who challenged the termination and the said orders were set aside. In those petitions, the argument as raised by the respondent that the order of termination could not be interfered on account of the fact that the existence of master and servant relationship was rejected. It is also argued that the judgment rendered in Central Inland Water Transport Corporation Limited Versus Brojo Nath Ganguly, 1986(2) SLR 345, has held that the clause which allows the Management to terminate the services of a permanent e