I. N. SUBBA REDDY versus ANDHRA UNIVERSITY & ORS.

Citation: [1976] 3 S.C.R. 1013 · Decided: 05-04-1976 · Supreme Court of India · Bench: A.N. RAY · Disposal: Dismissed

Cited by 1 judgment(s) · cites 1 · see the full citation network in Lexace

Judgment (excerpt)

• 
' ... 
\ 
I. N. SUBBA REDDY 
v. 
ANDHRA UNIVERSITY & ORS. 
April 5, I ~76 
[A. N. RAY, C.J., M. H. BEG AND ]ASWA:H SINGH, JJ.] 
Civil Seri·it.:e-Meaning of conditions of service-Tennination by 
punisl11nent and termination sin1pliciter-Administratio11 
Manual 
of 
University-Sections 7, 8, 9, 10, 11 and 24. 
way of 
A.ndhra 
The appellant joined the Andhra University as a Senior Lecturer in 1960. 
Jn 1967, he was promoted as Professor. 
The appellant entered into an agree-
ment with the University as required by the conditions of service. He \Vas con-
firmed as a Professor in October 1968. In October, 1973, the Syndicate passed 
a resolution determining the agreement of service with the appellant under 
s. 24 of Chanter V of Administration !v1anual of the Andhra Uni'lersity. 
A 
cheque_ for the salary for the six months being the notice period \vas also sent 
along with the notice of termination of service. 
Clause J 0 of the agreement 
provided for the termination of service simpliciter on giving 6 months notice 
or a salary in lieu of such notice. 
Section 24 also authorised the Syndicate 
to terminate the service of a confirmed teacher by giving 6 months notice or 
salary in lieu of notice. Section 7 of the University Code provided for suspension 
or abolition of any professorship, readership. Section 8 provided for suspension 
or compulsory retirement for sufficient cause after due investigation. Section 9 
<!1!..iliorised the Syndicate to remove a teacher for misconduct on his p;.irt or 
for breach by him of one or more of the terms of the contract. 
Section J 0 
authorised the Syndicate to terminate services of a teacher on the ground of ill-
health. Section 11 prescribed the procedure for removal of a teacher. Section 
12 bars a claim for damages or compensation by a teacher against whom a 
disciplinary action is taken. 
The appellant filed a suit challenging the validity of termination of his 
service which he withdrew later on. 
He thereafter filed a writ petition. 
In 
the \lrrit petition, the appellant challenged the validity of the order terminating 
the service as 
well as vires 
of s. 
24 
of 
the 
Administration 
Manual. 
It was 
also 
alleged 
that 
the 
action 
in 
terminating 
his 
service 
was 
,nala fide and that it was with the ulterior object of circumventing the procedure 
prescribed by sections 9 and 11 of the University Code. It was also contended 
that s. 24 of the agreement which provides for termination of service without 
assigning any reason was void being repugnant to ss. 8 to 12 of Chapter XXIX 
of the University Code. 
The High Court dismissed the writ petition holding 
that the impugned action was neither taken as a measure of punishment for 
any misconduct on the part of the appellant nor did it involve the breach of 
mandatory statutory obligations or any principle of natural justice. 
In appeal by special leave the appellant contended : 
1. Section 24 is ultra vires the powers conferred on the Syndicate. 
2. The said section 24 and clause 10 of the agreement being inconsistent 
with sections 7 to 12 of the University Code were void and ineffectual. 
3. The services of the appellant could not be terminated except on the 
ground mentioned in sections 7 to 10 of the University Code. 
A 
B 
c 
D 
E 
F 
G 
HELD : 1. The expression 'conditions of service' means all those conditions 
H 
which regulate the holding of a post by a person right from the time of his 
apoointment till his retirement and even beyond it in matters like pension etc. 
The Syndicate has power to define terms and conditions of service of teachers of 
1013 
A 
B 
c 
0 
E 
F 
G 
H 
1014 
SUPREME COURT REPORTS 
(1976] 3 S.C.R. 
lhe. Uniyersity. Section 24 undoubtedly lays down a condition of service of tie 
Un1vers1ty teachers and, therefore, cannot be said to be ultra vires the power!I 
of the Syndicate. [1018C-D, G-H] 
2: Se_ction~ 7 .t~ 12 of the U:niversity Ccxie have nothing to do with the 
term~nation. sun_phclf~r .of the services of a teacher without casting any aspersion 
on him, which 1s a distinct and separate matter and is provided for in section 24 
and clause 10 of the agreement. 
As such, neither section 24 nor section 10 
can be held to be void on the ground of repuanancy to sections 7 to 12. 
[1019D-EJ 
0 
3 .. The pres~nt case _is merely of termination of service simpticitcr without 
attaching any stigma which is governed by the conditions of service specified in 
the contract of employment. Case of

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