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CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2318 of From the Judgment and Order dated 1.8.83 of the Gauhati High Court in S.A. No. 19 of 1978.

Appellant-in-person D.N. Mukherjee for the Respondents.

The Judgment of the Court was delivered by NATARAJAN, J'-' This appeal by special leave is directed against a judgment of the Gauhati High Court rendered in Second Appeal No. 19 of 1978. By a quirk of fate the appel- lant who was holding a permanent post of Auditor in the Office of the Accountant General, Assam resigned his job and took up appointment as a Lecturer in an aided college in Meghalya only to find his appointment terminated in five months' time for want of approval for the appointment by the Director of Public Instruction. The backdrop of events for this appeal are as narrated below.

Notwithstanding this conclusion we feel that the pecul- iar facts of the case which are indeed distressing, call for some relief being given to the appellant instead of a brusque dismissal of the appeal on account of the legal impediments for granting the relief of declaration of his continuance in service. We have already set out the tragic situa-

tion that has resulted on account of the appellant's serv- ices being terminated after he had closed his options to revert back to his service in the Accountant General's Office. The trial court which dismissed the suit and the High Court which has modified the decree of the Appellate Court have also noticed this position and expressed their compassion for the appellant. It was on account of that the High Court has granted monetary compensation of one year's salary to the appellant as damages. We think that in the fact and circumstances of the case and in exercise of our powers under Article 136 of the Constitution we should enlarge the relief granted to the appellant by the High Court by directing the State of Meghalya represented by the first respondent to grant 3 years' salary and allowances to the appellant at the rates prevalent when his services were terminated on 1.12.75. Though the appellant had remained in service till 20.4.77 in spite of the termination order, the salary payable for that period is towards the services actually rendered by him in the college. Hence no portion of that amount can be treated as damages. If the appellant has not been paid the salary and allowances for any portion of the period between 1.12.75 to 20.4.77, the first respondent is further directed to release such sums of money as would be required to make good the unpaid salary and allowances. We give this direction because we find a letter in the paper book written by the second respondent stating that they are unable to pay the salary and allowances due to the appellant on account of non-release of funds by the first respondent. The first respondent will make the payments indicated above on or before 30th June, 1987. The grant of this relief will be in consonance with the reliefs granted by this Court to the affected parties in Vaish College case (supra) and Smt. J. Tewari's case (supra). In the former case the Principal whose services were terminated was allowed to retain a total sum of Rs.21,100 deposited by the Educational Institution under orders of court during the pendency of the proceed- ings. In the latter case Smt. J. Tewari had been granted 3 years' salary by way of damages. In addition to the payment of the abovesaid sums we also direct that in the event of there being a vacancy in the Lady Keane Girls College for the post of Lecturer in English and in the event of the Management willing to appoint the appellant as a Lecturer once again the Management should be permitted to do so by the first respondent by granting relaxation of rules and regulations currently in force governing the filling up of posts of Lecturers in aided colleges in the State of Megha- lya. To the extent, additional reliefs are given to the appellant the appeal will stand allowed. The appellant will be entitled to costs in the appeal payable by the first respondent.