Calcutta High Court (Appellete Side)
Dr. Anupam Hazra vs Union Of India & Ors on 25 June, 2018
Author: Arindam Sinha
Bench: Arindam Sinha
1
25.06.18
09
suman
Ct.4
W.P. 14179 (W) of 2017
Dr. Anupam Hazra
Versus
Union of India & Ors.
Dr. Anupam Hazra
....petitioner (in person)
Mr. Subrata Roy Karmakar
...for the Visva Bharati University
Mr. Anil Kumar Gupta
...for UGC
Record of submissions and observations in order
dated 11th June, 2018 are reproduced below as necessary
for the purpose of disposal of this writ petition.
"Petitioner appears in person. He demonstrates facts
to be as follows:
By order dated 7th June, 2014 he was granted extra
ordinary leave (without pay) for a period of one year up to 1st
June, 2015. By office order dated 12th May, 2015 the
University conveyed that said leave is going to expire on 1st
June, 2015 and petitioner is expected to get a clearance
from Lok Sabha Secretariat and rejoin duty on or before 1st
June, 2015 failing which he will be deemed to have reverted
back to his parent organization, Assam University Silchar.
On 26th May, 2015 petitioner, as appears from disclosure at
2
page 58 of the writ petition, sought to resume duty. By
writing dated 28th May, 2015 of Head, Department of Social
work of the University, inter alia, following was said:
"In accordance with the above mentioned Office
Orders the application does not satisfy the
required conditions. The Department does not take
cognizance of your application and cannot permit
you to resume duties."
Subsequently by another writing dated 2nd June, 2015 the
next incumbent to the office of Head, Department of Social
Work of the University stated as follows:
"With reference to your above letter this is to
inform you that Dr. Anupam Hazra, Assistant
Professor, has not reported to the undersigned till
today i.e. 2nd June, 2015.
This is for your information and record."
On 13th August, 2015 Joint Department on Offices of Profit
(Sixteenth Lok Sabha) Fourth Report was presented from
which the following is extracted below:
"Therefore, Dr. Anupam Hazra can hold both the
offices of Member of Parliament and that of
Assistant Professor at the Visva-Bharati
University, as under Article 102(1)(a), the office of
Assistant Professor does not qualify as an office of
profit under the Government.
Further, it is held by the Joint Committee on
Offices of Profit that since the office of Assistant
Professor at the Visva-bharati University is not an
office under the Central Government in the
absence of vital requirements, the University may
resolve the matter on its own in light of the
specified service requirements.
In doing so, the Committee recommends that the
directions of the UGC Circular dated 10th
September, 1974 and 06 March, 1987 and the
circulars issued from time to time regulating the
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service conditions of teachers be strictly followed
by the University."
Mr. Gupta, learned advocate appears on behalf of
University Grants Commission and files affidavit-in-
opposition. He refers to circular letter dated 10th September,
2014 issued by his client to Vice Chancellor of Universities.
It would be sufficient to extract the following from the said
letter.
"The University Grants Commission had referred
this question earlier for advice to its Advisory
Committee of Vice-Chancellors and the
Commission after considering the advice of the
Committee of Vice-Chancellors had expressed the
view that "the teachers who are either elected or
nominated to the Parliament/State Legislature
may not be required to resign their academic
position or to take long leave during the tenure of
their membership. In order that the teaching work
may not suffer, the University may consider
prescribing the minimum number of days that
such teachers should be available for their
academic teaching and research work in the
University. Such teachers should not hold any
administrative position/responsibilities in the
University or College during the period they are
members of parliament/Legislature."
It appears petitioner wants to resume working with the
University. He had filed this writ petition in June, 2017 and
has been prosecuting the same. University will consider
whether it sought to jump the gun. Reason attributed for not
allowing petitioner to join may have been good reason as on
May- June, 2015 but on or after 13th August, 2015 such
reason stood obliterated."
Mr. Roy Karmakar submits, petitioner joined as a
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probationer. In prescribed period of probation of one year
petitioner did not serve any time beyond four months. That
period not having been extended, has expired. He is
opposing order directing petitioner to be allowed to resume
as probationer. Dr. Hazra disputes the submission that he
was on probation. According to him, he is confirmed in
service.
Petitioner had challenged Memo dated 2nd June, 2015
and impugned notification dated 16th February, 2015.
Impugned notification states, inter alia, petitioner was
requested to submit a clearance from Lok Sabha Secretariat
to the effect that he could simultaneously function as
Hon'ble Member of Parliament and Assistant Professor,
Department of Social Work, Visva Bharati. In that view, all
concerned were requested not to entertain petitioner in
department or assign any teaching load to him during his
Lok Sabha membership.
Relevant text of the impugned office order dated 2nd
June, 2015 is extracted below:
"However, Dr. Anupam Hazra, has failed to join his duties
in the Department of Social Work till 2nd June, 2015 after
expiry of Extra-Ordinary-Leave (EOL).
In view of the above, undersigned is directed to convey
that:
1.Dr. Anupam Hazra, Assistant Professor, 5 Department of Social Work, who is on lien from Assam University, Silchar is presumed to have reverted himself back to his parent organization.
1. Name of Dr. Anupam Hazra, Assistant Professor, Department of Social Work will cease to be borne on the roll of Establishment of Visva-Bharati with immediate effect.""
Based on materials recorded in order dated 11th June, 2018 I am of the view petitioner cannot be prevented from resuming his service, as probationer, if that is his position. At the time he was resisted from resuming work in Visva Bharati, his probationary service, as contended by the University, appears to have been subsisting. This, in spite of submissions made on behalf of Visva Bharati that no extension was granted. Whether petitioner is to be granted extension of alleged probation, to carry out remainder of the year of alleged probationary service is for the University to decide but at this time it cannot prevent him from resuming his service. There will be direction accordingly. The University is directed to allow petitioner to resume his service since the only ground of resistance being whether he could be both a Member of Parliament as well as serve in the University has been answered in the fourth report of Joint Committee on Offices of Profit which was presented to 6 Lok Sabha on 13th August, 2015. Petitioner will obtain copy of this order and present himself for resuming his service within three weeks from date.
Writ petition is disposed of.
Mr. Roy Karmakar prays for stay of operation of this order. Prayer is considered and rejected.
(Arindam Sinha, J. )