COPC/147/2021
2021 Latest Caselaw 3120 HP

COPC No.147 of 2021

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14.7.2021 Present: Mr. Onkar Jairath, Advocate for the petitioner.

Mr. Arvind Sharma, Additional Advocate General with Mr. Kunal Thakur and Ms. Svaneel Jaswal,

Deputy Advocate Generals, for the respondent /State.

Through video-conferencing

Compliance affidavit stands filed on behalf of the

respondent, perusal whereof reveals that vide order dated

8.01.2021 respondent has passed consideration order in

purported compliance of judgment dated 6.11.2020 passed

by this Court in CWP No.4407 of 2019, whereby direction

was issued to the respondent to consider the prayer of the

petitioner for taking over of his services on contract basis in

terms of Notification dated 3.10.2015, afresh, on account of

subsequent development. While passing aforesaid order,

this Court had categorically directed the authority

concerned to do the needful afresh taking into

consideration report of the Screening Committee (Annexure

P-5), which having taken note of the fact that the petitioner

has completed seven years of service as required under the

policy, has already recommended the case of the petitioner

for taking of his services on contract basis from due date

i.e.1.9.2018. Perusal of aforesaid order dated 8.1.2021

passed in purported compliance of aforesaid directions

issued by this Court reveals that since no post of Assistant

Professor is available, prayer of the petitioner for taking

over his services on contract basis from due date cannot be

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considered. However, having carefully read order dated

8.1.2021, this Court prima-facie is of the view that the

respondent has attempted to hoodwink this Court by

stating that since there is no post of Assistant Professor

available in the college, prayer of the petitioner for taking

over his services on contract basis from due date i.e.

1.9.2018 cannot be considered and as such, this Court

before issuing show case notice deems it fit to afford an

opportunity to the respondent to re-consider the matter

and pass fresh order strictly in terms of the judgment

alleged to have been violated, failing which, this Court shall

have no option, but to initiate contempt proceedings

against the respondent. Needless to say, authority

concerned while doing the needful afresh in terms of the

instant judgment, shall take into consideration notification

dated 1.3.2019 issued by All India Council for Technical

Education, perusal whereof clearly reveals that there are

three posts of Assistant Professor but in different pay grade

i.e. 1st pay in the grade of Rs.6000/-, second in the pay

grade of Rs.7000/- and 3rd in the pay grade of Rs.8000/-.

Once Assistant Professor having pay grade 6000/- is

promoted to the post of Assistant Professor having pay

Grade Rs.7000/-, post of Assistant Professor having pay

grade 6000/- falls vacant. In the case at hand it is not in

dispute that on account of financial upgradation given to

Assistant Professor namely Sh. Parveen Kumar, one post of

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Assistant Professor has fallen vacant in the Textile

department in the pay grade of Rs. 6000/- and as such,

case of the petitioner deserves to be considered against

that post.

List on 18.08.2021, on which date

respondent shall remain present in Court.

                                          (Sandeep Sharma),
             r                                   Judge

      July 14,2021
         (Shankar)