Dr. T. Thirunalasundari vs The Registrar, Bharathidasan University, The Vice-Chancellor, Mother Teresa Womens University and The Registrar, Mother Teresa Womens University

Vinod K. Sharma, J.—The Petitioner has approached this Court, with a prayer for issuance of a Writ in the nature of Mandamus, directing the third Respondent/Registrar, Mother Teresa University to relieve the Petitioner from service w.e.f.8.3.2006 along with her pension and leave salary contribution for the period from 9.3.2004 to 8.3.2006.

The Petitioner was appointed as lecturer, by the Bharathidasan University on 14.11.1994, and promoted as Senior Lecturer in the year 1998, where she worked till the year 2004.

In the year 2004, in response to the advertisement issued by Respondent No. 2, the Petitioner applied for the post of Professor in Bio-Technology. The Petitioner was selected, and offered appointment as Professor of Bio-Technology in the Mother Teresa University.

The Petitioner was placed on probation for a period of two years. The Petitioner sought permission of Respondent No. 1, to join as Professor in Bio-Technology, and also requested for retaining her lien with Respondent No. 1 University during the period of probation. The request of the Petitioner was accepted as a special case, and her lien was retained by the Bharathidasan University, subject to the following conditions:

i. The duration of the lien is for a period of two years from the forenoon of 9.3.2004 and

ii. The drawal of higher pay or any other service benefits at Mother Teresa Women''s University will not confer any right for fixation of pay on your reversion to this university.

iii. For the period of lien the pension and leave salary contribution as per this university rules shall be paid by me.

iv. I should make my own arrangements to contribute the subscription for provident fund, group insurance and other dues to this university during the period of lien.

V. I should decide and opt before the end of the lien period whether I am willing to continue in Mother Teresa women''s University or to revert back to this university.

The Petitioner, on being relieved, joined Respondent No. 2 on 8.3.2004. During the period of probation, the Petitioner showed disinterest to continue with Mother Teresa University, and requested the Respondent No. 2 and 3 to relieve her to join the parent department i.e., Respondent No. 1.

During this period, the first Respondent invited application for faculty position, in the Department of Microbiology. The Petitioner also applied. The Petitioner was considered for appointment by Selection Committee, but Dr. L.Uma was selected.

According to the Petitioner, she has better merit than Dr. L.Uma. This Court is not concerned with the selection in this case, as she has not challenged the selection of Dr. L.Uma in this writ.

The main relief claimed by the Petitioner had been rendered infructuous, as the Petitioner stands relieved from her duties. The only relief, now, claimed in the petition is, that the Respondent Nos. 2 and 3 did not remit the pension and leave salary contribution for the period she rendered service with Respondent Nos. 2 and 3, to the first Respondent.

The contention of the learned Senior Counsel is that the Respondent Nos. 2 and 3 have No. jurisdiction to retain the pension and salary contribution as these have to be remitted with the first Respondent to maintain the continuity of contribution, therefore, was that the action of the Respondent Nos. 2 and 3, is arbitrary and amounts to colourable exercise of power and also suffers from the vice of legal malice.

Notice of the writ petition was issued. In spite of service of notice, Respondent Nos. 2 and 3 have not chosen to contest the case, whereas the first Respondent has supported the case of the Petitioner.

As No. counter has been filed, the averments made in the affidavit in support of the prayer, therefore, go un-rebutted and prove that the Petitioner is entitled to

issuance of directions to the Respondent Nos. 2 and 3 to remit the pension and leave salary contribution to the first Respondent.

This writ petition is accordingly allowed, and writ in the nature of mandamus is issued, directing Respondent Nos. 2 and 3 to remit the pension and leave salary contribution for the period the petitioner rendered service with the respondent Nos. 2 and 3 to the first respondent forthwith, and in any case, not later than two months of date of receipt of a certified copy of this order.