Gauhati High Court
Joyashri Dey vs The Union Of India And 6 Ors on 5 April, 2021
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GAHC010064382021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2400/2021
JOYASHRI DEY
W/O- AMLAN NAG, KABIURA, MEHERPUR, SILCHAR, CACHAR, DIST.-
CACHAR, ASSAM, PIN- 788015.
VERSUS
THE UNION OF INDIA AND 6 ORS.
REP. BY THE SECRETARY, MINISTRY OF HUMAN RESOURCE
DEVELOPMENT, GOVT. OF INDIA, HAVING ITS OFFICE AT SHASTRI
BHAWAN, NEW DELHI- 110001.
2:THE SECRETARY
MINISTRY OF HUMAN RESOURCE DEVELOPMENT
GOVT. OF INDIA
HAVING ITS OFFICE AT SHASTRI BHAWAN
NEW DELHI- 110001.
3:THE ASSAM UNIVERSITY
THROUGH THE VICE CHANCELLOR
ASSAM UNIVERSITY HAVING HIS OFFICE AT SILCHAR- 788011
ASSAM.
4:THE VICE CHANCELLOR
ASSAM UNIVERSITY
HAVING HIS OFFICE AT SILCHAR- 788011
ASSAM
5:THE CHAIRMAN
EXECUTIVE COUNCIL
ASSAM UNIVERSITY HAVING HIS OFFICE AT SILCHAR-788011
ASSAM
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6:THE REGISTRAR
THE ASSAM UNIVERSITY HAVING HIS OFFICE AT SILCHAR- 788011
ASSAM.
7:THE CHAIRMAN
UNIVERSITY GRANTS COMMISSION HAVING HIS OFFICE AT BAHADUR
SHAH ZAFAR MARG
NEW DELHI- 110002
Advocate for the Petitioner : MR. K M MAHANTA
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
JUDGMENT & ORDER (ORAL)
Date : 05-04-2021
Heard Mr. S. Chattarjee, learned counsel for the petitioner. Also heard Mr. S.C. Keyal,
learned Standing Counsel for the respondents, Assam University and Mr. P. Sarmah, learned
counsel for the respondents No.1 & 2 being the authorities under the Ministry of Education,
Government of India.
2. The petitioner was engaged as an Assistant Professor in the Social Works Department
in the respondent Assam University in its Silchar campus on a lien vacancy which had arisen
against a lien being granted to another Assistant Professor, namely, Dr. Anupam Hazra. Upon
the lien granted to Dr. Anupam Hazra coming to its end, the authorities have also terminated
the engagement of the petitioner as per the order dated 24.12.2020. The said order of
termination is assailed in this writ petition.
3. Mr. S. Chattarjee, learned counsel for the petitioner relies upon the provisions of
Clause 28(3) of the Statutes of the Assam University and seeks to make out a case that she is
entitled to continue for another period of three weeks in lieu of the notice mentioned in the
Clause-28(3). Clause-28(3) of the Statutes of the Assam University is extracted as below:
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" Clause-28(3)- Save as aforesaid, the Executive Council, or as the case may be, the
appointing authority shall not be entitled to remove any teacher, member of the
academic staff or other employee except for a good cause and after three months
notice or on payment of three months salary in lieu thereof."
4. It is stated that the petitioner had also offered her candidature in a regular recruitment
process for the post of Assistant Professor in Social works in the Assam University, which had
fallen vacant upon the lien granted to Dr. Anupam Hazra coming to an end.
5. We have taken note of Clause 28(3) of the Statutes of the Assam University which
provides that the Executive Council or the Appointing Authority, as the case may be, shall not
be entitled to remove any teacher, member of the academic staff or any other employee
except on a good cause and after three months notice or on payment of three months salary
in lieu of such notice. The requirement of payment of three months salary apparently is
applicable in a case of a removal from service. In the instant case, although the order dated
24.12.2020 refers that the petitioner was terminated from service, but such termination is not
a removal from service but a discontinuation from service after the lien vacancy came to an
end. Once the lien vacancy came to an end there cannot be a situation entitling the petitioner
to continue in her engagement in a lien vacancy. An employee can be removed from service
only when otherwise, such employees would have continued in service had he not been
removed. In the instant case, as the lien vacancy came to an end the petitioner could not
have continued in service and therefore, such discontinuation of service cannot be termed as
removal from service inasmuch as she could not have continued in service as the lien vacancy
itself came to an end. In view of such conclusion arrived, the provisions of Clause-28(3) of
the Statues of the Assam University would not be applicable in the present case and
therefore, the claim for three months salary in lieu of removal from service would be
inapplicable.
6. As the petitioner had offered her candidature in the regular selection process, the
respondent, Assam University may process her candidature as per law and bring the process
to its logical end without, being influenced by the petitioner assailing the order of termination
dated 24.12.2020 in this writ petition.
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7. In view of the above, this writ petition stands disposed of.
JUDGE
Comparing Assistant
