Case Note & Summary
The petitioner, Sabir Hussain s/o Fazal Hussain Attar, was appointed as Principal of Shri Bhagwan College of Pharmacy, Aurangabad, by respondent no.4 (Bhagwan Shikshan Prasarak Mandal) w.e.f. 1.9.2016 on adhoc basis. He had vast experience and qualifications. On 29.8.2017, the Secretary of respondent no.4 issued a communication declaring a break in his service from 30.8.2017 to 9.9.2017. The petitioner challenged this break and also sought acceptance of his resignation dated 5.12.2017, relief from the post w.e.f. 5.3.2018, and release of salary treating his service on probation from 1.9.2016 to 31.8.2017 and further till acceptance of resignation. The court, after hearing the petitioner in person and the advocates for the respondents, found that the break in service was imposed without any show cause notice and was arbitrary. The court directed respondent no.4 to treat the break period as spent in service. Further, the court held that the management cannot unreasonably withhold acceptance of resignation and directed respondent no.4 to accept the resignation and relieve the petitioner w.e.f. 5.3.2018. The court also directed the release of salary for the period of service. The petition was allowed with these directions.
Headnote
A) Service Law - Break in Service - Spent in Service - The petitioner challenged the break in service imposed by the management from 30.8.2017 to 9.9.2017, seeking it to be treated as spent in service. The court held that the break was arbitrary and without any show cause notice, and directed the management to treat the period as spent in service. (Paras 2, 3) B) Service Law - Resignation - Acceptance of Resignation - The petitioner sought acceptance of his resignation dated 5.12.2017 and relief from the post of Principal. The court held that the management cannot unreasonably withhold acceptance of resignation and directed the respondent no.4 to accept the resignation and relieve the petitioner w.e.f. 5.3.2018. (Paras 2, 3) C) Service Law - Probation Period - Salary Release - The petitioner sought release of salary by treating his service on probation w.e.f. 1.9.2016 to 31.8.2017 and further services till acceptance of resignation. The court directed the management to release salary for the period of service. (Para 2)
Issue of Consideration
Whether the break in service of the petitioner from 30.8.2017 to 9.9.2017 is illegal and should be treated as spent in service; whether the respondent no.4 is obliged to accept the resignation dated 5.12.2017 and relieve the petitioner from the post of Principal.
Final Decision
The court allowed the writ petition. Directed respondent no.4 to treat the break period from 30.8.2017 to 9.9.2017 as spent in service. Further directed respondent no.4 to accept the resignation of the petitioner dated 5.12.2017 and relieve him from the post of Principal w.e.f. 5.3.2018. Also directed to release salary for the period of service treating his service on probation from 1.9.2016 to 31.8.2017 and further till acceptance of resignation.
Law Points
- Service law
- break in service
- spent in service
- resignation
- acceptance of resignation
- probation period
- adhoc appointment
- natural justice
