Dr. Sandeep Kumar Gupta vs Guru Angad Dev Veterinary and Animal Sciences University and Others

Rajesh Bindal, J.—The petitioner has approached this court seeking quashing of the communications dated 1.4.2009, 17.11.2009 and 10.8.2010, whereby past service rendered by the petitioner from 27.1.2006 to 11.12.2006 in Orissa University of Agriculture and Technology, Bhubneswar, was not counted for grant of benefits, as are available under the rules. Learned counsel for the petitioner submitted that certain posts of Assistant Professor of Veterinary Biochemistry were advertised by Guru Angad Dev Veterinary & Animal Sciences University (for short, "the University") in January, 2006. The petitioner applied for the post. At the time of submission of his application, the petitioner was unemployed. However, subsequently he was selected and appointed through proper procedure as Assistant Professor of Veterinary Biochemistry in Orissa University of Agriculture & Technology, Bhubneswar. When the petitioner appeared for interview for the post conducted by the University on 23.11.2006, he produced ''No Objection Certificate'' by Orissa University of Agriculture & Technology. Ultimately, he was selected for the post and issued appointment letter on 28.11.2006 prescribing that character and antecedents of the petitioner are required to be verified. In case, the verification report is not received from the concerned officer within 30 days, the joining shall be accepted on provisional basis. In response to the offer of appointment, the petitioner joined his service on 28.12.2006 after he was relieved by Orissa University of Agriculture & Technology on 11.12.2006. Thereafter, in terms of the provisions of the rules, the petitioner applied for counting of his past service for the purpose of grant of benefits available therein. The same have been wrongly denied stating that there is a break of 17 days in service.

The contention of learned counsel for the petitioner is that in terms of the condition laid down in the letter of appointment in case the report regarding character and antecedents verification is not received from the concerned officer within 30 days, the joining of the petitioner could be accepted provisionally. In the present case, as the report was not received, the petitioner submitted his joining on 31st day, which was accepted. It cannot be said to be a break in service. The petitioner had resigned from his earlier job only on account of his appointment with the University. He was relieved on 11.12.2006. He could not join with the University earlier. As the character and antecedents verification report had not been received and as per the condition in the letter of appointment, in case of non-receipt of such a report in 30 days, the petitioner could join on provisional basis. The petitioner having joined on 31st day, nothing lies in the mouth of the University to state that there was any break in service.

On the other hand, learned counsel for the respondents submitted that in terms of the letter of appointment, the petitioner could apply for grant of benefit of the past service within 4 months of his joining. In the present case, the request was made quite late and further the petitioner having left the earlier job on 11.12.2006 and joined the University on 28.12.2006, there was break of 17 days. In terms of the provisions of the rules, if any break is there in two services, the benefit of past service cannot be granted. There is no illegality committed by the University in declining relief to the petitioner.

In response to the contentions raised by learned counsel for the respondents, learned counsel for the petitioner submitted that counting of past service as per the rules has been denied to the petitioner only for the reason that there is break in service. The ground of delay was not raised, which otherwise also being procedural shall be deemed to have been condoned.

Heard learned counsel for the parties and perused the paper book.

The facts, which emerge out of the pleadings and the contentions raised by learned counsel for the parties, are that certain posts of Assistant Professor of Veterinary Biochemistry were advertised by the University. The petitioner applied for the same. At that time, he was unemployed. However, later on, the petitioner was duly selected and appointed as Assistant Professor of Veterinary Biochemistry in Orissa University of Agriculture & Technology, Bhubneswar and joined his service there on 27.1.2006. The petitioner was called for interview by the University. He appeared in the interview on 23.11.2006. At the relevant time he was in service with Orissa University of Agriculture & Technology, Bhubneswar, he produced ''No Objection Certificate'' at the time of appearance for interview. The petitioner was offered appointment vide letter dated 28.11.2006. The petitioner resigned and was relieved from his earlier employment with Orissa University of Agriculture & Technology, Bhubneswar on 11.12.2006 and joined his new place of posting with the University on 28.12.2006. Thereafter, the petitioner applied for counting of his service rendered in Orissa University of Agriculture & Technology, Bhubneswar far grant of benefits, as are available under the rules, however, the same have been declined by stating that there is a break in service.

Before the respective contentions of learned counsel for the parties are considered, it would be relevant to refer to the terms of appointment of the petitioner and also the rules under which counting of past service is available to an employee. The same are extracted below:

Terms of appointment

xx xx xx

(ix) If the offer is acceptable to you, you should please report for duty to the Head, Department of Veterinary Biochemistry, GADVASU and also indicate the date by which you would be able to join the appointment. Normally, the University allows the persons selected six weeks from the date of issue of appointment letter for joining the post. But you have to reply by 12.12.2006 in case the offer is acceptable to you or not.

(x) Three copies of character and antecedents forms for getting your character and antecedents verified from the concerned District Magistrate are sent herewith. These may be filled up and sent to the Head, Department of Veterinary Biochemistry, GADVASU, Ludhiana. In case the verification report from the concerned officer is not received within 30 days, your joining will be accepted on provisional basis. However, it is made clear that in case the character and antecedents verification report is not received your salary will not be paid after six months.

3.0. Counting of past service

XX XX XX

(vi) (c) the incumbent was selected to the permanent post in continuation to the ad-hoc service, without any break.

As per the terms of appointment letter, the petitioner was granted six weeks from the date of issuance of letter of appointment for joining the post. Character verification was required to be done for which the forms were given to the petitioner to be filled in by him and submitted to the Head, Department of Veterinary Biochemistry of the University. It is further mentioned in the letter of appointment that in case verification report from the concerned officer is not received within 30 days, the joining will be accepted on provisional basis. In the present case, the stand of the petitioner is that as character verification report was not received within 30 days, immediately on 31st day, he reported for duty and was permitted to join. Joining otherwise was within the maximum period permitted for joining, namely, six weeks from the date of issuance of appointment letter. The petitioner in the present case, after he had been issued the letter of appointment on 28.11.2006, resigned from his earlier job with Orissa University of Agriculture & Technology, Bhubneswar and was relieved on 11.12.2006. As the report of his character verification was not received earlier, he could not join in terms of the conditions laid down in the letter of appointment. It is only thereafter his joining was to be accepted provisionally. The gap of 17 days in relieving from the earlier job and joining with the University cannot be said to be a break in service to deny the benefit of service rendered by the petitioner with Orissa University of Agriculture & Technology, Bhubneswar, which is available to him as per the rules.

The plea raised by learned counsel for the respondents regarding delay in filing the application for grant of relief of past service is merely to be noticed and rejected for the reason that firstly, the same is not the ground of rejection of his claim by the University, as is evident from the impugned communications and secondly, the same being procedural will not be fatal for grant of relief, to which an employee is entitled to, as it is a kind of continuing cause of action. There is no plea raised by the respondents that on account of any other reason except as have been referred to above, the petitioner is not entitled to counting of his past service rendered by him in Orissa University of Agriculture & Technology, Bhubneswar.

For the reasons mentioned above, the impugned communications are set aside and it is held that the petitioner is entitled to counting of his past service rendered in Orissa University of Agriculture & Technology, Bhubneswar for all the benefits as are available under the rules. The petition stands disposed of.