Dr. Rohit Seth v. Guru Ghasidas Vishwavidyalaya

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3649 of 2020 • Dr. Rohit Seth S/o Mr. Rajendra Prasad Seth Aged About 44 Years P/o A-13, Mg Green Homes, Behind Atal Aawaas, Sakri, Uslapur Bilaspur, Chhattisgarh- 495001 ---- Petitioner

Versus

1. Guru Ghasidas Vishwavidyalaya Through Registrar (Acting), P.S. Koni, Bilaspur, (C.G.)- 495009

2. Vice Chancellor Guru Ghasidas Vishwavidyalaya, P.S. Koni, Bilaspur, Chhattisgarh- 495009

3. Finance Officer (Acting) Guru Ghasidas Vishwavidyalaya, P.S. Koni, Bilaspur, Chhattisgarh- 495009 ---- Respondents For Petitioner :

Mr. Anup Majumdar, Advocate For Respondents :

Mr. Shashank Thakur, Advocate Hon'ble Shri Justice Goutam Bhaduri Order 17.09.2020

1. Heard

2. Learned counsel for the petitioner submits that the petitioner was working on the post of Associate Professor in Guru Ghasidas Vishwavidhayalaya Bilaspur and he was terminated by the order of Vice Chancellor on 20.02.2013 (Annexure P/4) and thereafter the services of the petitioner was revoked by the order of President of India being visitor of University and was communicated by Registrar on 27.04.2017 (Annexure P/5) that termination is revoked from the

date of termination i.e. from 22.02.2013. The relevant para reads as under:- "NOW THEREFORE, In compliance of the above order and directions contained therein, the termination order no. 272 dated 20.02.2013 issued against Dr. Rohit Seth, is hereby revoked with effect from the date 20.02.2013. consequently, the services of Dr. Rohit Seth, as Associate Professor, in the Department of Zoology, Guru Ghasidas Vishwavidyalaya, Bilaspur (CG) is restored hereby as it is to the post of Associate Professor (Zoology) with effect from the date 20.02.2013."

3. It is contended that the petitioner though is still serving and made several representations but lastly he was informed that his case has been sent to the Finance Committee on 18.05.2018, however no decision has been taken yet. The said communication is also placed on record as Annexure P/1 therefore it is prayed that the respondents may be directed to decide the case of the petitioner, which was sent to the Finance Committee on 18.05.2018, within a reasonable time.

4. Learned counsel for the respondents on instructions submits that the appropriate decision would be taken pursuant to the recommendation which was made on 18.05.2018.

5. Perused the documents. Perusal of the documents shows that the petitioner's termination having been revoked in the year 2017 by order of President of India and services were restored from 22.02.2013. The document dated 24.07.2020 (Annexure P/11)

shows that the case of the petitioner has been sent to the Finance Committee by a communication letter dated 18.05.2018, therefore in all reasonableness and since the considerable time has also been passed, the object & spirit of the order of President being visitor of University cannot be given a go-bye. Under these circumstances, the respondents are directed to decide the case of the petitioner for grant service benefits which was sent to the Finance Committee on 18.05.2018 of the respondent University. The said decision may be given within a period of 2 months from the date of receipt of copy of this order to uphold the spirit of revokation order passed by the President of Nation in capacity of visitor of the University.

6. With the above observation/ direction, the writ petition finally stands disposed of.

Sd/- sd/- (Goutam Bhaduri) Judge Vishakha