Civil Writ Petition (Original ... vs H.P. University And Anr
2022 Latest Caselaw 8635 HP

REPORTABLE-NON-REPORTABLE

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

ON THE 18th DAY OF OCTOBER, 2022

.

BEFORE

HON'BLE MR. JUSTICE SATYEN VAIDYA

CIVIL WRIT PETITION (ORIGINAL APPLICATION) No. 208/2020 alongwith CWPOA Nos. 107, 129, 201, 240, 244, 268, 270, 273, 275, 279, 289, 291, 313, 319, 408, 427, 1511, 1519, 1523, 1532, 1609, 2635, 2640, 2642, 2657 and 2982 of 2020 and CWP No. 3607 of 2022

r to

1.CIVIL WRIT PETITION (ORIGINAL APPLICATION) No. 208/2020 Between:

SH. DURGA RAM, S/O LATE SH. DEBU RAM, R/O VILLAGE KASHYAT (SHIV GHATI) PO BHUMATI,

TEHSIL ARKI, DISTRICT SOLAN, H.P. RETIRED AS SUPERINTENDENT GRADE-II FROM HIMACHAL PRADESH UNIVERISTY, SUMMER HILL, SHIMLA, H.P.

..........PETITIONER

( BY MR. RADHEY SHYAM GAUTAM, ADVOCATE)

AND

1.HIMACHAL PRADESH UNIVERSITY THROUGH ITS REGISTRAR, SUMMER HILL, SHIMLA-5

2.THE STATE OF H.P. THROUGH ADDITIONAL CHIEF SECRETARY (FINANCE), GOVERNMENT OF HIMACHAL PRADESH.

RESPONDENT NO.2 IMPLEADED AS CO- RESPONDENT IN MEMO OF PARTIES VIDE HON'BLE COURT ORDER DATED 04.10.2021.

..........RESPONDENTS

(BY MR. SURENDER VERMA, ADVOCATE, FOR RESPONDENT-UNIVERSITY;

MR. DESH RAJ THAKUR, ADDITIONAL ADVOCATE

.

GENERAL WITH MR. NARENDER THAKUR, DEPUTY

ADVOCATE GENERAL) _____________________________________________

2. CIVIL WRIT PETITION (ORIGINAL APPLICATION) NO.107/2020

Between:

SH. WARYAM SINGH BAINS, S/O LATE SH. KIKAR SINGH, R/O FALKLAND ESTATE, LAKKAR BAZAR,

HILL SHIMLA, H.P.

r to SHIMLA, H.P. RETIRED AS DEPUTY REGISTRAR FROM HIMACHAL PRADESH UNIVERSITY, SUMMER

........PETITIONER

( BY MR. RADHEY SHYAM GAUTAM, ADVOCATE)

AND

HIMACHAL PRADESH UNIVERSITY THROUGH ITS REGISTRAR, SUMMER HILL, SHIMLA-5

.............RESPONDENT

(BY MR. SURENDER VERMA, ADVOCATE, FOR THE RESPONDENT-UNIVERSITY)

3.CIVIL WRIT PETITION (ORIGINAL APPLICATION)

No.129/2020

Between:

SH. PARMA NAND SHARMA, S/O LATE SH. JYOTI PARKASH, R/O CEDAR VIEW, THE PINE, CHHOTA SHIMLA, H.P. RETIRED AS DEPUTY REGISTRAR FROM HIMACHAL PRADESH UNIVERSITY, SUMMER HILL SHIMLA, H.P.

........PETITIONER

( BY MR. RADHEY SHYAM GAUTAM, ADVOCATE)

.

AND

HIMACHAL PRADESH UNIVERSITY THROUGH ITS REGISTRAR, SUMMER HILL, SHIMLA-5

..........RESPONDENT

(BY MR. SURENDER VERMA, ADVOCATE, FOR

THE RESPONDENT-UNIVERSITY)

4.CIVIL WRIT PETITION (ORIGINAL APPLICATION) No.201/2020

Between:

SH. PURAN SINGH, S/O LATE SH. RAM SARAN, R/O VILLAGE KAROG, PO BHONT, TEHSIL AND DISTRICT SHIMLA, H.P. RETIRED AS SECTION

OFFICER FROM HIMACHAL PRADESH UNIVERSITY, SUMMER HILL SHIMLA, H.P.

........PETITIONER

( BY MR. RADHEY SHYAM GAUTAM, ADVOCATE)

AND

HIMACHAL PRADESH UNIVERSITY THROUGH ITS

REGISTRAR, SUMMER HILL, SHIMLA-5

..........RESPONDENT

(BY MR. SURENDER VERMA, ADVOCATE, FOR THE RESPONDENT-UNIVERSITY)

5.CIVIL WRIT PETITION (ORIGINAL APPLICATION) No. 240 /2020

Between:

SH. JOGINDER SINGH THAKUR, S/O LATE SH. KALYAN SINGH, R/O THAKUR ASHIANA, KANLOG,

.

SHIMLA, DISTRICT SHIMLA, H.P. RETIRED AS

SECTION OFFICER FROM HIMACHAL PRADESH UNIVERSITY, SUMMER HILL SHIMLA, H.P.

........PETITIONER

( BY MR. RADHEY SHYAM GAUTAM, ADVOCATE)

AND

HIMACHAL PRADESH UNIVERSITY THROUGH ITS REGISTRAR, SUMMER HILL, SHIMLA-5

..........RESPONDENT

(BY MR. SURENDER VERMA, ADVOCATE, FOR THE RESPONDENT-UNIVERSITY)

6.CIVIL WRIT PETITION (ORIGINAL APPLICATION)

No.244 /2020

Between:

SH. KANWAR SINGH THAKUR, S/O SH. DEVI SINGH THAKUR, R/O VILLAGE SERI, PO ROURI, VIA TUTU

SHIMLA, H.P RETIRED AS SECTION OFFICER FROM HIMACHAL PRADESH UNIVERSITY, SUMMER HILL SHIMLA, H.P.

........PETITIONER

( BY MR. RADHEY SHYAM GAUTAM, ADVOCATE)

AND

HIMACHAL PRADESH UNIVERSITY THROUGH ITS REGISTRAR, SUMMER HILL, SHIMLA-5

..........RESPONDENT

(BY MR. SURENDER VERMA, ADVOCATE, FOR THE RESPONDENT-UNIVERSITY)

.

7.CIVIL WRIT PETITION (ORIGINAL APPLICATION)

No.268 /2020

Between:

SH. NAROTAM RAM, S/O SH. NIKKA RAM, R/O VILLAGE TANSETA, PO JUBRI, TEHSIL ARKI, DISTT. SOLAN, H.P. RETIRED AS SUPERINTENDENT GRADE-II FROM HIMACHAL PRADESH UNIVERSITY, SUMMER HILL SHIMLA, H.P.

to ........PETITIONER

( BY MR. RADHEY SHYAM GAUTAM, ADVOCATE)

AND

HIMACHAL PRADESH UNIVERSITY THROUGH ITS REGISTRAR, SUMMER HILL, SHIMLA-5

..........RESPONDENT

(BY MR. SURENDER VERMA, ADVOCATE, FOR

THE RESPONDENT-UNIVERSITY)

8.CIVIL WRIT PETITION (ORIGINAL APPLICATION) No.270 /2020

Between:

DR. HITESHWAR SINGH, S/O LATE SH. HIRA SINGH, R/O IVY COTTAGE, SUNNY MEAD ESTATE, BELOW CART ROAD, SHIMLA, H.P. RETIRED AS SECTION OFFICER FROM HIMACHAL PRADESH UNIVERSITY, SUMMER HILL SHIMLA, H.P.

........PETITIONER

( BY MR. RADHEY SHYAM GAUTAM, ADVOCATE)

AND

HIMACHAL PRADESH UNIVERSITY THROUGH ITS REGISTRAR, SUMMER HILL, SHIMLA-5

.

..........RESPONDENT

(BY MR. SURENDER VERMA, ADVOCATE, FOR

THE RESPONDENT-UNIVERSITY)

9.CIVIL WRIT PETITION (ORIGINAL APPLICATION) No.273 /2020

Between:

SH. MOHINDER KUMAR GUPTA, S/O LATE SH. KISHORI LAL GUPTA, R/O VILLAGE AND PO

SARYANJ, TEHSIL ARKI, DISTT. SOLAN, H.P. RETIRED AS DEPUTY REGISTRAR FROM

HIMACHAL PRADESH UNIVERSITY, SUMMER HILL SHIMLA, H.P.

........PETITIONER

( BY MR. RADHEY SHYAM GAUTAM, ADVOCATE)

AND

HIMACHAL PRADESH UNIVERSITY THROUGH ITS

REGISTRAR, SUMMER HILL, SHIMLA-5

..........RESPONDENT

(BY MR. SURENDER VERMA, ADVOCATE, FOR THE RESPONDENT-UNIVERSITY)

10.CIVIL WRIT PETITION (ORIGINAL APPLICATION) No. 275/2020

Between:

SH. NITYA NAND SHARMA, S/O SH. SHAKAT RAM SHARMA, R/O VASHISTA NIWAS, SHIV NAGAR, SHIMLA, DISTRICT SHIMLA,H.P. RETIRED AS DEPUTY REGISTRAR FROM HIMACHAL PRADESH UNIVERSITY, SUMMER HILL SHIMLA, H.P.

.

........PETITIONER

( BY MR. RADHEY SHYAM GAUTAM, ADVOCATE)

AND

HIMACHAL PRADESH UNIVERSITY THROUGH ITS REGISTRAR, SUMMER HILL, SHIMLA-5

to ..........RESPONDENT

(BY MR. SURENDER VERMA, ADVOCATE, FOR

THE RESPONDENT-UNIVERSITY)

11.CIVIL WRIT PETITION (ORIGINAL APPLICATION) No.279 /2020

Between:

SH. DES RAJ SHARMA, S/O LATE SH. LAIK RAM SHARMA, R/O KAMAL KUNJ BUILDING, SHIV NAGAR, TUTU SHIMLA, DISTRICT SHIMLA, H.P.

RETIRED AS ASSISTANT REGISTRAR FROM HIMACHAL PRADESH UNIVERSITY, SUMMER HILL

SHIMLA, H.P.

........PETITIONER

( BY MR. RADHEY SHYAM GAUTAM, ADVOCATE)

AND

HIMACHAL PRADESH UNIVERSITY THROUGH ITS REGISTRAR, SUMMER HILL, SHIMLA-5

..........RESPONDENT

(BY MR. SURENDER VERMA, ADVOCATE, FOR THE RESPONDENT-UNIVERSITY)

12.CIVIL WRIT PETITION (ORIGINAL APPLICATION) No. 289 /2020

.

Between:

SH. MAST RAM, S/O SH. DHUNDA RAM, R/O VILLAGE BASYANA, PO CHAKHAR, TEHSIL ARKI,

DISTRICT SOLAN, H.P. RETIRED AS SUPERINTENDENT GRADE-II FROM HIMACHAL PRADESH UNIVERSITY, SUMMER HILL SHIMLA, H.P.

........PETITIONER

r to ( BY MR. RADHEY SHYAM GAUTAM, ADVOCATE)

AND

HIMACHAL PRADESH UNIVERSITY THROUGH ITS

REGISTRAR, SUMMER HILL, SHIMLA-5

..........RESPONDENT

(BY MR. SURENDER VERMA, ADVOCATE, FOR THE RESPONDENT-UNIVERSITY)

13. CIVIL WRIT PETITION (ORIGINAL APPLICATION) No.291 /2020

Between:

SH. SURESH CHAND VERMA, S/O SH. JALAP RAM

VERMA, R/O VILLAGE AND PO SHOGHI, TEHSIL AND DISTRICT SHIMLA, H.P. RETIRED AS ASSISTANT REGISTRAR FROM HIMACHAL PRADESH UNIVERSITY, SUMMER HILL SHIMLA, H.P.

........PETITIONER

( BY MR. RADHEY SHYAM GAUTAM, ADVOCATE)

AND

HIMACHAL PRADESH UNIVERSITY THROUGH ITS REGISTRAR, SUMMER HILL, SHIMLA-5

.

..........RESPONDENT

(BY MR. SURENDER VERMA, ADVOCATE, FOR THE RESPONDENT-UNIVERSITY)

14.CIVIL WRIT PETITION (ORIGINAL APPLICATION) No. 313 /2020

Between:

AS r to SH. PAWAN KUMAR GUPTA, S/O LATE SH. DHANI RAM GUPTA, R/O GUPTA NIWAS, OPPOSITE KANWAR NIWAS, VIKAS NAGAR, SHIMLA-9 RETIRED PLANNING AND DEVELOPMENT OFFICER FROM HIMACHAL PRADESH UNIVERSITY, SUMMER HILL SHIMLA, H.P.

........PETITIONER

( BY MR. RADHEY SHYAM GAUTAM, ADVOCATE)

AND

HIMACHAL PRADESH UNIVERSITY THROUGH ITS

REGISTRAR, SUMMER HILL, SHIMLA-5

..........RESPONDENT

(BY MR. SURENDER VERMA, ADVOCATE, FOR

THE RESPONDENT-UNIVERSITY)

15. CIVIL WRIT PETITION (ORIGINAL APPLICATION) No. 319 /2020

Between:

SH. SUDERSHAN KUMAR GUPTA, S/O SH. PIARA LAL GUPTA, R/O GUPTA BUILDING, OLD BAZAR TUTU SHIMLA-11 RETIRED AS SECTION OFFICER

FROM HIMACHAL PRADESH UNIVERSITY, SUMMER HILL SHIMLA, H.P.

........PETITIONER

.

( BY MR. RADHEY SHYAM GAUTAM, ADVOCATE)

AND

HIMACHAL PRADESH UNIVERSITY THROUGH ITS

REGISTRAR, SUMMER HILL, SHIMLA-5

..........RESPONDENT

(BY MR. SURENDER VERMA, ADVOCATE, FOR THE RESPONDENT-UNIVERSITY)

16. CIVIL WRIT PETITION (ORIGINAL APPLICATION)

No. 408 /2020

Between:

SH. SOHAN SINGH THAKUR, S/O LATE SH. LACHHMI RAM THAKUR, R/O KUNDAN COTTAGE

VILLAGE BAGOG, PO SUMMER HILL, LOWER SUMMER HILL, SHIMLA, RETIRED AS SECTION OFFICER FROM HIMACHAL PRADESH UNIVERSITY, SUMMER HILL SHIMLA, H.P.

........PETITIONER

( BY MR. RADHEY SHYAM GAUTAM, ADVOCATE)

AND

HIMACHAL PRADESH UNIVERSITY THROUGH ITS REGISTRAR, SUMMER HILL, SHIMLA-5

..........RESPONDENT

(BY MR. SURENDER VERMA, ADVOCATE, FOR THE RESPONDENT-UNIVERSITY)

17. CIVIL WRIT PETITION (ORIGINAL APPLICATION) No.427 /2020

Between:

.

SH. JAI PRAKASH SHARMA, S/O SH. DEEP RAM

SHARMA, R/O KUSH COTTAGE, VILLAGE SANGTI, PO CHAILLY, SUMMER HILL, SHIMLA, DISTRICT SHIMLA, H.P. RETIRED AS ASSISTANT REGISTRAR FROM HIMACHAL PRADESH UNIVERSITY, SUMMER

HILL SHIMLA, H.P.

........PETITIONER

( BY MR. RADHEY SHYAM GAUTAM, ADVOCATE)

AND

HIMACHAL PRADESH UNIVERSITY THROUGH ITS

REGISTRAR, SUMMER HILL, SHIMLA-5

..........RESPONDENT

(BY MR. SURENDER VERMA, ADVOCATE, FOR

THE RESPONDENT-UNIVERSITY)

18.CIVIL WRIT PETITION (ORIGINAL APPLICATION) No. 1511 /2020

Between:

SH. SURINDER DEV, S/O LATE SH. NIRANJAN DASS, R/O SET NO. 1, 1ST FLOOR, THE MOTHER LOWER KAITHU, SHIMLA-3 RETIRED AS SECTION

OFFICER FROM HIMACHAL PRADESH UNIVERSITY, SUMMER HILL SHIMLA, H.P.

........PETITIONER

( BY MR. RADHEY SHYAM GAUTAM, ADVOCATE)

AND

HIMACHAL PRADESH UNIVERSITY THROUGH ITS REGISTRAR, SUMMER HILL, SHIMLA-5

..........RESPONDENT

.

(BY MR. SURENDER VERMA, ADVOCATE, FOR THE RESPONDENT-UNIVERSITY)

19. CIVIL WRIT PETITION (ORIGINAL APPLICATION)

No. 1519 /2020

Between:

SH. RATTAN SINGH TANWAR, S/O LATE SH. NARAIN SINGH, R/O

TANWAR NIWAS, LOWER SANGTI, (UPPER SANOG) NERI ROAD, SUMMER HILL, SHIMLA-5 RETIRED AS DEPUTY REGISTRAR FROM HIMACHAL PRADESH UNIVERSITY, SUMMER

HILL SHIMLA, H.P.

........PETITIONER

( BY MR. RADHEY SHYAM GAUTAM, ADVOCATE)

AND

HIMACHAL PRADESH UNIVERSITY THROUGH ITS REGISTRAR, SUMMER HILL, SHIMLA-5

..........RESPONDENT

(BY MR. SURENDER VERMA, ADVOCATE, FOR THE RESPONDENT-UNIVERSITY)

20. CIVIL WRIT PETITION (ORIGINAL APPLICATION) No. 1523 /2020

Between:

SH. KRISHAN CHAND, S/O SH. MADAN LAL, R/O RADHA KRISHAN KUNJ, MIDDLE SANGI SUMMER HILL, SHIMLA-5 RETIRED AS SECTION OFFICER

RETIRED AS SECTION OFFICER FROM HIMACHAL PRADESH UNIVERSITY, SUMMER HILL SHIMLA, H.P.

........PETITIONER

.

( BY MR. RADHEY SHYAM GAUTAM, ADVOCATE)

AND

HIMACHAL PRADESH UNIVERSITY THROUGH ITS

REGISTRAR, SUMMER HILL, SHIMLA-5

..........RESPONDENT

(BY MR. SURENDER VERMA, ADVOCATE, FOR THE RESPONDENT-UNIVERSITY)

21. CIVIL WRIT PETITION (ORIGINAL APPLICATION)

No.1532 /2020

Between:

SH. BANSI LAL CHAUHAN, S/O LATE SH. TULSI RAM, R/O VILLAGE AND PO LANJTA, TEHSIL

GHUMARWIN, DISTT. BILASPUR, H.P. RETIRED AS SUPERINTENDENT GRADE-II FROM HIMACHAL PRADESH UNIVERSITY, SUMMER HILL SHIMLA, H.P.

........PETITIONER

( BY MR. RADHEY SHYAM GAUTAM, ADVOCATE)

AND

HIMACHAL PRADESH UNIVERSITY THROUGH ITS REGISTRAR, SUMMER HILL, SHIMLA-5

..........RESPONDENT

(BY MR. SURENDER VERMA, ADVOCATE, FOR THE RESPONDENT-UNIVERSITY)

22. CIVIL WRIT PETITION (ORIGINAL APPLICATION) No. 1609 /2020

Between:

.

SH. DHARAM CHAND, S/O LATE SH. RAM KRISHAN,

R/O SHANNO NIWAS, NEAR TEACHER COLONY, SHIWALIK HOUSE, SUMMER HILL, SHIMLA-5 RETIRED AS SECTION OFFICER FROM HIMACHAL PRADESH UNIVERSITY, SUMMER HILL SHIMLA, H.P.

........PETITIONER

( BY MR. RADHEY SHYAM GAUTAM, ADVOCATE)

AND

HIMACHAL PRADESH UNIVERSITY THROUGH ITS REGISTRAR, SUMMER HILL, SHIMLA-5

..........RESPONDENT

(BY MR. SURENDER VERMA, ADVOCATE, FOR THE RESPONDENT-UNIVERSITY)

23. CIVIL WRIT PETITION (ORIGINAL APPLICATION) No. 2635 /2020

Between:

SH. KAMLA DUTT SHARMA, S/O LATE SH. DEVI DAYAL SHARMA, R/O VILLAGE GANPARI, PO SHOGHI, TEHSIL AND DISTRICT SHIMLA, H.P. RETIRED AS DEPUTY REGISTRAR FROM

HIMACHAL PRADESH UNIVERSITY, SUMMER HILL SHIMLA, H.P.

........PETITIONER

( BY MR. RADHEY SHYAM GAUTAM, ADVOCATE)

AND

HIMACHAL PRADESH UNIVERSITY THROUGH ITS REGISTRAR, SUMMER HILL, SHIMLA-5

..........RESPONDENT

.

(BY MR. SURENDER VERMA, ADVOCATE, FOR THE RESPONDENT-UNIVERSITY)

24. CIVIL WRIT PETITION (ORIGINAL APPLICATION)

No. 2640 /2020

Between:

SH. JASPAL SINGH, S/O LATE SH. JIWAN SINGH,

SHIMLA, H.P. RETIRED

R/O HOUSE NO. A/64-MAMU BUILDING, SANJAULI, AS SUPERINTENDENT GRADE-II FROM HIMACHAL PRADESH UNIVERSITY, SUMMER HILL SHIMLA, H.P.

........PETITIONER

( BY MR. RADHEY SHYAM GAUTAM, ADVOCATE)

AND

HIMACHAL PRADESH UNIVERSITY THROUGH ITS REGISTRAR, SUMMER HILL, SHIMLA-5

..........RESPONDENT

(BY MR. SURENDER VERMA, ADVOCATE, FOR THE RESPONDENT-UNIVERSITY)

25. CIVIL WRIT PETITION (ORIGINAL APPLICATION) No. 2642 /2020

Between:

SH. RAVI DUTT SHARMA, S/O SH. PARMA NAND SHARMA, R/O VILLAGE NAGRI, PO SALANA, TEHSIL AND DISTT. SHIMLA, H.P. RETIRED AS SECTION OFFICER FROM HIMACHAL PRADESH UNIVERSITY, SUMMER HILL SHIMLA, H.P.

........PETITIONER

( BY MR. RADHEY SHYAM GAUTAM, ADVOCATE)

.

AND

HIMACHAL PRADESH UNIVERSITY THROUGH ITS REGISTRAR, SUMMER HILL, SHIMLA-5

..........RESPONDENT

(BY MR. SURENDER VERMA, ADVOCATE, FOR THE RESPONDENT-UNIVERSITY)

No.2657 /2020

Between:

r to

26. CIVIL WRIT PETITION (ORIGINAL APPLICATION)

SH. ANANT RAM, S/O LATE SH. PARAS RAM VERMA, R/O VILLAGE RIHARA, PO KAITHLEEGHAT, TEHSIL KANDAGHAT, DISTT, SOLAN, H.P. RETIRED AS ASSISTANT REGISTRAR

FROM HIMACHAL PRADESH UNIVERSITY, SUMMER HILL SHIMLA, H.P.

........PETITIONER

( BY MR. RADHEY SHYAM GAUTAM, ADVOCATE)

AND

HIMACHAL PRADESH UNIVERSITY THROUGH ITS

REGISTRAR, SUMMER HILL, SHIMLA-5

..........RESPONDENT

(BY MR. SURENDER VERMA, ADVOCATE, FOR THE RESPONDENT-UNIVERSITY)

27. CIVIL WRIT PETITION (ORIGINAL APPLICATION) No. 2982/2020

Between:

SH. PARKASH CHAND SHARMA, S/O SH. RAVI DUTT SHARMA, R/O VILLAGE KYARA, PO CHANDPUR,

.

TEHSIL SADAR, DISTT. BIASPUR, H.P. RETIRED AS

DEPUTY REGISTRAR FROM HIMACHAL PRADESH UNIVERSITY, SUMMER HILL SHIMLA, H.P.

........PETITIONER

( BY MR. RADHEY SHYAM GAUTAM, ADVOCATE)

AND

HIMACHAL PRADESH UNIVERSITY THROUGH ITS REGISTRAR, SUMMER HILL, SHIMLA-5

..........RESPONDENT

(BY MR. SURENDER VERMA, ADVOCATE, FOR THE RESPONDENT-UNIVERSITY)

28. CIVIL WRIT PETITION No. 3607/2022

Between:

SH. RAKESH KUMAR, S/O LATE SH. NANAK

CHAND, R/O 3RD FLOOR, NEW NANAK NIWAS, BHARARI, BAZAR SHIMLA-171003, H.P.

........PETITIONER

( BY MR. RADHEY SHYAM GAUTAM, ADVOCATE)

AND

1.HIMACHAL PRADESH UNIVERSITY THROUGH ITS REGISTRAR, SUMMER HILL, SHIMLA-5.

2.STATE OF HIMACHAL PRADESH THROUGH ITS ADDITIONAL CHIEF SECRETARY (FINANCE) GOVERNMENT OF HIMACHAL PRADESH, SHIMLA-

02.

..........RESPONDENT

(BY MR. SURENDER VERMA, ADVOCATE, FOR

.

RESPONDENT-1-UNIVERSITY;

Mr. DESH RAJ THAKUR, ADDITIONAL ADVOCATE GENERAL WITH MR. NARENDER THAKUR, DEPUTY ADVOCATE GENERAL FOR R-2.

    RESERVED ON       : 12.10.2022
    DECIDED ON        : 18.10.2022

These petitions coming on for pronouncement of

ORDER

judgment this day, the Court passed the following:

All these petitions are being decided together as

common questions of facts and law are involved. However, for

the sake of convenience, the facts of lead case i.e CWPOA No.

208 of 2020, titled as Durga Ram Vs. H.P. University and Anr.,

are being taken into consideration.

2. The common grievance of the petitioners in all the

petitions is against exclusion of Secretariat Pay while calculating

their pension and other retiral benefits.

3. Brief facts necessary for adjudication are as under:-

(a) Petitioner is retired employee of respondent No.1. Initially, respondent No.1 allowed Secretariat allowance to the petitioner and similarly

situated employees which subsequently came to be termed as Secretariat Pay.

(b) Respondent No.1-Univeristy follows the rules of

.

the State Government for the purpose of grant of pay,

allowances and other benefits including pension etc. to its employees. The Finance Committee of

respondent No. 1 in its meeting held on 08.10.1971 allowed grant of pay scales and allowances to the Non-Teaching Staff on the pattern of H.P. Secretariat.

The Executive Council of the University in its meetings held on 08.11.1971 and 23.04.1977 had approved the aforesaid recommendations of Finance

Committee. The decision so taken by the Executive

Council of University was conveyed by the Registrar of the University to the Secretary (Education) to the Government of H.P., vide communication dated

19.07.2012.

(c) The Government of H.P., vide its notification

dated 23.04.2012 allowed the Secretariat Pay to its employees working in the Secretariat and equivalent

offices. It was specifically notified that the Secretariat Pay would be treated as part of the basic pay for

calculation of various types of allowances and pensionary benefits. Respondent No. 1 adopted the notification dated 23.04.2012 issued by Government of H.P., vide its notification dated 08.06.2012. The Executive Council of the University in its meeting held on 08.04.2013 decided that notification of Secretariat

Pay dated 08.06.2012 shall be permissible to various categories of employees/ officers of the University and shall also be applicable to the retirees so far as

.

the retiral benefits are concerned and, in this regard,

a separate notification dated 20.04.2013, was issued.

4. Respondent No.1 in its reply has admitted the entire

factual position. Its specific stand is that a proposal for retiral

benefits in favour of the petitioners including Secretariat Pay was

moved for its concurrence/vetting by the Finance Wing of the

University/ Local Audit Department of the State Government of

H.P. according to the decision(s) already taken by the Executive

Council, but the Local Audit Department had objected/deducted

at its own a component of Secretariat Pay for grant of pension

and other pensionary benefits.

5. Respondent No. 2 in its separate reply has submitted

that since the matter pertains to the H.P. University and the

University being an autonomous body has to take its own

decisions keeping in view its resources and financial condition.

6. I have heard learned counsel for the parties and have

gone through the record.

7. The facts detailed above restrict the controversy in a

narrow compass. The relevant extract of communication dated

23.04.2012 issued by Principal Secretary (Finance) to the

Government of H.P. reads as under: -

"The Governor, Himachal Pradesh, after careful

.

consideration is pleased to order that the certain categories of employees working in the Himachal Pradesh Secretariat and its above stated equivalent offices will be given

Secretariat Pay at the rates mentioned in Annexure "A" enclosed to this letter with effect from 01.12.2011. The Secretariat Pay admissible under these orders will be treated as part of basic pay for calculation of various types of

allowances and pensionary benefits. This Secretariat Pay shall substitute the Secretariat Allowance admissible to all such categories/posts as per letter No. Fin(PR)-B(7)-4/98,

dated 14th January 1999 and subsequent letters issued on

the subject from time to time and this allowance shall stand abolished as on 30.11.2011."

8. The aforesaid decision of the State Government was

adopted by respondent No.1, vide notification dated 08.06.2012

in respect of grant of Secretariat Pay for implementation in the

H.P. University. The Executive Council in its meeting dated

08.04.2013 further decided that the notification of Secretariat

Pay dated 08.06.2012 issued by Registrar shall be permissible to

the various categories of employees/officers of the University

and shall also be applicable to the retirees as far as retiral

benefits are concerned.

9. Thus, undisputedly, the highest decision-making body

of respondent No. 1 had taken a conscious decision to adopt the

decision of State Government communicated vide communication

.

dated 23.04.2012, as noticed above. No reservation was kept in

implementation of such decision in respect of employees of

respondent No.1. That being so, the Secretariat Pay was to be

treated as part of basic pay for calculation of various types of

allowances and pensionary benefits.

10. Once, the decision making body of respondent No. 1,

in exercise of powers vested in it, had decided to grant particular

service benefit to its employees, the Local Audit Department

could not sit over the decision of the Executive Council that too

by withholding only a part of benefit flowing from said decision.

The objection of Local Audit Department could have been ignored

or superseded by respondent No .1 and inaction of said

respondent in this behalf needs to be remedied by intervention of

this Court as the legal vested rights of the petitioners have been

adversely affected thereby.

11. Resultantly, all these petitions are allowed.

Respondent No. 1 is directed to include the Secretariat Pay as

part of basic pay of petitioners for calculation of all types of

permissible allowances and pensionary benefit and thereafter to

re-fix the pension of the petitioners, accordingly. The entire

exercise including payment of arrears, if any, to the petitioners

.

shall be done by respondent No.1-University, within three months

from the date of passing of this judgment.

12. All writ petitions stand disposed of in the above terms,

so also the pending miscellaneous application(s), if any.

    18th October, 2022
                               to                ( Satyen Vaidya )
                                                       Judge

         (sushma)