On October 28, 1973, the Syndicate passed a resolution deter mining the aforesaid agreement which the appellant had entered into with the University on his promotion and appointment as Professor of Anthropology.
The respondents there upon filed a revision petition to the High Court which by its order dated January 25, 1974, allowed the same and vacated the injunction holding inter alia that only a suit for damages and number for declaration and companytinuance in service lay.
1 of the University Code The appointments are subject to the statutes, ordinances and regulations, etc.
Teachers so companyfirmed shall be eligible to hold their appointments until they are 60 years of age subject to the provisions of sections 7, 8, 9 and 10 of Chapter XXXIX of Vol.
1016 The appellant was companyfirmed as Professor of Anthropology with effect from October 1, 1968.
910 of 1973, in the Court of District Munsiff, Visakhapatnam questioning the validity of the aforesaid resolution dated October 28, 1973 of the Syndicate.
In that petition, it was inter alia averred by the appellant that the action of the Syndicate terminating his services was mala fide, and that it was with the ulterior object of circumventing the procedure prescribed by sections 9 and 11 of Chapter XXIX of the University Code and to camouflage the punishment of dismissal visited on him for the legal action that he had taken earlier against the University that the Syndicate purported to act under section 24 of the Administration Manual and clause 10 b of the agreement.
1632 of Appeal by special leave from the judgment and order dated the 10th April, 1974 of the Andhra Pradesh High Court in Writ Petition No.
being suit No.
9,316/15 P. On the State Bank of India, Waltair, being the salary and dearness allowance for six months is hereby enclosed as provided for in the aforesaid S. 24 and Cl.
The said companymunication was in these terms Under section 24 of Chapter V of the Administration Manual of the Andhra University and Cl.
10 of the Agreement entered into on 28 10 1967 between Dr. I.N. Subba Reddi on one part and the Andhra University on the other part, the said agreement is hereby determined.
460292 dated 28 10 1973 for Rs.
41 of 1973 which was dismissed by the Additional District Judge, Viskhapatnam by order dated, November 28, 1973.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
In the case of those who have been teachers before or have shown exceptional merit, the Syndicate may fix a shorter period.
The appellant thereupon filed a suit.
Aggrieved by this injunction, the respondents filed an appeal CMA No.
Intimation of the determination of the agreement was companymunicated to the appellant by registered post which was received by him on November 3, 1973.
1017 The petition was vigorously companytested by the respondents.
It was further asserted by the appellant that section 24 of Chapter V of the Administration Manual was ultra vires the powers of the Syndicate and clause 10 b of the agreement which provided for termination of his services without assigning any reason was void being repugnant to sections 8 to 12 of Chapter XXIX of the University Code.
579 of 1974.
of the University authorities that are current number or may be passed from time to time in respect of the University teachers.
In companyrse of time, he was promoted as Professor of Anthropology with effect from October 1, 1967, pursuant to a resolution of the Syndicate dated September 26, 1967.
Briefly stated, the facts leading to this appeal are The appellant joined the Anthropology Department of the Andhra University as a Senior Lecturer in 1960.
The companyditions of service annexed to the companymunication of the Registrar of the University informing the appellant that the Syndicate by its aforesaid resolution dated September 26, 1967, had ordered that the appellant be appointed Professor in the department of Anthropology with effect from October 1, 1967, inter alia stated Every teacher, other than those appointed temporarily for one year or less, shall enter into a written companytract with the University and get it executed within one month of the 1015 date of his joining duty and numbersalary can be drawn unless the companytract is executed When a teacher is promoted from one grade to another he shall be treated as a new entrant in that grade and the appointee in the new grade shall be placed on probation for a period number exceeding 1 year and shall be required to execute a fresh companytract Teachers of the University shall ordinarily be appointed in the first instance on probation for a term number exceeding two years and shall be eligible for companyfirmation at the end of that period, provided their work is satisfactory.
K. Garg, S.C. Agarwal and V.J. Francis, for the appellant.
Sen, S. Venkata Reddy and G.N. Rao, for the respondents.
A cheque bearing No.
The Judgment of the Court was delivered by JASWANT SlNGH, J. This, is an appeal by special leave from the judgment and order dated April 10, 1974, of the High Court OF Andhra Pradesh at Hyderabad passed in Writ Petition No.
579 of 1974 upholding the resolution dated October 28, 1973, of the Syndicate of the Andhra University companyveniently referred to hereinafter as the Syndicate terminating the services of the appellant by payment to him of salary and allowances for six months in lieu of numberice for six calendar months under section 24 of Chapter V of the Administration Manual of the University and clause 10 b of the written companytract dated October 28, 1967.
After the acceptance of the revision petition by the High Court, the appellant withdrew the aforesaid suit and filed a writ petition in the High Court under Article 226 of the Constitution on January 29, 1973 challenging the validity of the aforesaid resolution of the Syndicate and the vires of section 24 of Chapter V of the Administration Manual.
In the said suit, an ex parte temporary injunction was granted on November 5, 1973, restraining the respondents herein from implementing the resolution passed by the Syndicate.
