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2000 Supreme(All) 636
IN THE HIGH COURT OF ALLAHABAD
G. P. Mathur and A. K. Yog, JJ.
STATE OF UTTAR PRADESHAND ANOTHER - Appellant
Versus
IRFAN AHMAD SIDDIQUI - Respondents
Special Appeal 499 Of 1998
Decided On : 04/28/2000
Sudhir Agarwal
The main legal point established in the judgment is that deliberate avoidance of notices can constitute sufficient service, and abandonment of duties without official consent can lead to termination of service. The court emphasized the importance of maintaining duties in an educational institution and considered the interests of students and the institution in reaching its decision.
Headnote:
ABANDONMENT - Employment - U. P. Fundamental Rules, Article 311, Constitution of India - Rule 18 U. P. Fundamental Rule, Article 311, Constitution of India - U. P. Fundamental Rules, Article 311, Constitution of India
Fact of the Case:
The petitioner, a lecturer in a Government Intermediate College, was appointed as an Assistant Master in 1971. He applied for a teaching position in Nigeria without obtaining permission, and subsequently left for Nigeria without official consent. The employer made efforts to communicate with the petitioner, but he deliberately avoided receiving notices. The court found that the petitioner had abandoned his duties and violated service rules.
Finding of the Court:
The court found that the petitioner's actions constituted abandonment of his job and violation of service rules. The court concluded that the termination of the petitioner's service was in contravention of Article 311 of the Constitution of India and the principle of natural justice. The court set aside the termination orders and directed the respondents to initiate departmental proceedings against the petitioner. The court also ruled on the payment of salary and benefits to the petitioner.
Issues: The issues involved the petitioner's unauthorized application for a teaching position in Nigeria, his departure without official consent, and the employer's efforts to communicate with the petitioner. The court also considered the violation of service rules and the petitioner's entitlement to salary and benefits.
Ratio Decidendi: The court held that the petitioner's deliberate avoidance of notices constituted sufficient service, and his actions amounted to abandonment of his job. The court also emphasized the importance of maintaining duties in an educational institution and the need to consider the interests of students and the institution. The court found that the petitioner's actions did not entitle him to reinstatement or back wages.
Final Decision: The judgment and order allowing the writ petition were set aside, and the writ petition was dismissed. The special appeal was allowed, with no order as to costs.
( 1 ) STATE of U. P. through Secretary (Education), U. P. Government, Lucknow and Additional director of Education (Secondary) U. P. , Allahabad have preferred this Special Appeal against judgment and order dated 5. 11. 1997 passed by learned single Judge in Writ Petition No. 22407 of 1987. Irfan Ahmad Siddiqui v. State of U. P. and another, under Article 226, Constitution of india, claiming a writ of certiorari to quash the impugned orders dated 31st December 1985. 4th september, 1986. issued by Additional Director of Education (Secondary) U. P. and 17th June, 1987. passed by Director of Education (Annexures-9, 19 and 20 to the writ petition ).
( 2 ) THE facts of the case are as follows :
Petitioner was appointed, after being selected by U. P. Public Service Commission, Allahabad as Assistant Master (Chemistry) in June. 1971. In a Government Inter College-under U. P. Special Subordinate Education Service and at the relevant time, petitioner was posted as Lecturer (Chemistry) in Government Intermediate College. Allahabad.
( 3 ) PETITIONER, (in response to an advertisement issued by the Government of Nigeria in the year 1981 inviting application for appointment of teachers in that country) submitted application on 1. 5. 1981 to the F. A. S. , Home Ministry Government of India through respondent No. 2. Additional Director Education (Secondary) for forwarding the same to the Embassy of Nigeria. Advance copy was also sent directly to the said Embassy. Admittedly, said application was not forwarded by respondent No. 2 and no permission granted to participate in any proceedings for selection/or taking up an assignment with the Nigerian Government. Petitioners request in this connection was rejected vide order dated 2. 7. 1981 (Annexure-1 to the writ petition ). But on receiving telegram from Nigerian Government, he appeared at the interview on August 17. 1982, held at Nigerian High Commission. Petitioner did not challenge the aforesaid order dated 2. 7. 1981 for more than a year and, in absence of requisite permission to take up assignment outside the country maintaining Hen on his present post (writ pp. 22), appeared at the interview in defiance of the order refusing permission. In the writ petition, there is no explanation for the period between 2. 7. 1981 to 17. 8. 1982. Petitioners letter dated 21st August. 1982, to the additional Director of Education (Secondary), Annexure-2 to the writ petition also contains reference to the letter dated 2. 7. 1981.
( 4 ) PETITIONER was offered appointment provisionally for two terms of 24 months each by the nigerian Government vide letter dated 31. 8. 1982 (Annexure-3 to the writ petition ).
( 5 ) HE again submitted an application for the permission but it was also refused by the Director/ additional Director of Education (Secondary) vide order dated 14th September. 1982 (Annexure-4 to the writ petition ). In this letter. It was reiterated that petitioner was not eligible according to the Government order dated 25th July. 1979. Petitioner sent another application dated 30. 10. 1982 to the Education Secretary. Government of U. P. with request to allow him to go on deputation or sanction leave without pay for four years so as to enable him to take up assignment offered by Nigerian Government (Annexure-5 to the writ petition ). Petitioner alleges that he sent another reminder dated 17th January. 1983, to the Education Secretary. U. P. Government for obtaining no objection certificate and permission to take up Job at Nigeria in february. 1983 (writ para 12 ). Admittedly, petitioner neither received no objection certificate nor reply in response to his aforesaid correspondence. Admittedly, left with no option, he sent another application to Additional Director Education (Secondary) on 18th February. 1983 for two years leave without pay and without waiting for orders on the application, he left India on 20th February. 1983 (writ para 13 ). From Nigeria, he has sent letter dated 27. 2.
