Punjab-Haryana High Court
Gargi Boora vs State Of Haryana And Another on 11 November, 2024
Neutral Citation No:=2024:PHHC:146619
CWP-14971-2021 & connected cases -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
230(13 cases)+106 CWP-14971-2021
Date of Decision: 11.11.2024
Dr. Sonali Batra ...Petitioner
Versus
Guru Jambheshwar University of Science and Technology and others
...Respondents
With
CWP-10828-2022
Navnidhi Chhikara ...Petitioner
Versus
Guru Jambheshwar University of Science and Technology and another
...Respondents
With
CWP-13363-2022 (O&M)
Mohit Kumar and others ...Petitioners
Versus
Guru Jambheshwar University of Science and Technology and another
...Respondents
With
CWP-13484-2022
Poonam and others ...Petitioners
Versus
Guru Jambheshwar University of Science and Technology and another
...Respondents
1 of 9
::: Downloaded on - 14-11-2024 22:37:14 :::
Neutral Citation No:=2024:PHHC:146619
CWP-14971-2021 & connected cases -2-
With
CWP-14863-2022
Charan Jeet Madan ...Petitioner
Versus
Guru Jambheshwar University of Science and Technology and another
...Respondents
With
CWP-15226-2021 (O&M)
Gargi Boora ...Petitioner
Versus
State of Haryana and another ...Respondents
With
CWP-15259-2021 (O&M)
Jogender Singh and others ...Petitioner
Versus
Guru Jambheshwar University of Science and Technology Hissar
...Respondent
With
CWP-18192-2022
Gargi Boora ...Petitioner
Versus
State of Haryana and another ...Respondents
2 of 9
::: Downloaded on - 14-11-2024 22:37:14 :::
Neutral Citation No:=2024:PHHC:146619
CWP-14971-2021 & connected cases -3-
With
CWP-2181-2022 (O&M)
Neeraj Verma and another ...Petitioner
Versus
Guru Jambheshwar University of Science and Technology, Hissar
...Respondents
With
CWP-25917-2021 (O&M)
Manjeet ...Petitioner
Versus
Guru Jambheshwar University of Science and Technology and another
...Respondents
With
CWP-4373-2022
Nisha Sharma and others ...Petitioners
Versus
Guru Jambheshwar University of Science and Technology and another
...Respondents
With
CWP-5950-2022
Jitender Kumar and others ...Petitioners
Versus
Guru Jambheshwar University of Science and Technology and another
...Respondents
3 of 9
::: Downloaded on - 14-11-2024 22:37:14 :::
Neutral Citation No:=2024:PHHC:146619
CWP-14971-2021 & connected cases -4-
With
CWP-6019-2022
Dr. Sumona Kumari ...Petitioner
Versus
Guru Jambheshwar University of Science and Technology and another
...Respondents
And
CWP-21380-2024
Rakesh Kumar ...Petitioner
Versus
Guru Jambeshwar University of Science and Technology and others
...Respondents
CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA
Present:- Mr. R.K. Malik, Senior Advocate with Mr. Samrat Malik,
Advocate for the petitioner(s) in CWP-25917-2021,
CWP-4373-2022, CWP-5950-2022, CWP-6019-2022 and
CWP-9750-2023
Mr. Anil Rana, Advocate for the petitioners in CWP-2181-2022
Mr. Shalender Mohan, Advocate for the petitioner(s) in
CWP-13363-2022, CWP-13484-2022, CWP-15259-2021
& CWP-14863-2022
Mr. Varun Veer Chauhan, Advocate for the petitioner in
CWP-21380-2024
Mr. Amit Rao, Advocate for Mr. Anurag Goyal, Advocate for the
petitioner(s) in CWP-15226-2021 & CWP-18192-2022
Mr. Puneet Gupta, Advocate for the respondent University
4 of 9
::: Downloaded on - 14-11-2024 22:37:14 :::
Neutral Citation No:=2024:PHHC:146619
CWP-14971-2021 & connected cases -5-
TRIBHUVAN DAHIYA, J. (Oral)
These fourteen petitions are being decided together as common
questions of law on similar facts arise for adjudication therein.
2. All these petitions have been filed by contractual Assistant
Professors who were appointed in the respondent University on different dates
after the academic year 2019. The petitioners have raised their grievances
against (i) non-payment of remuneration at the minimum of pay-scale meant
for the post of Assistant Professor, (ii) denying salary/remuneration for the
vacation period or any period of break during service, and (iii) having been
relieved on account of less workload.
3. During pendency of these petitions, this Court passed the interim
order dated 21.03.2023, to the following effect:
When these writ petitions came up for hearing, the
petitioners by virtue of interim orders, as passed by this Court from
time to time, were allowed to continue in service. The law whether
contractual employees can be replaced by another set of
contractual employees is well settled. In this regard, reference may
be made to a judgment rendered by the Supreme Court in
Hargurpratap Singh versus State of Punjab and others, 2007 (13)
SCC 292, which has been subsequently followed by this Court in
CWP No.27822 of 2018, titled as Komal Dhanda and others
versus Guru Jambheshwar University of Science and Technology,
Hisar, decided on 21.08.2019. The practice of relieving
lecturers/teachers/professors etc. just before the holidays are to
commence, in order to avoid paying them the salary for the
vacation period, stands deprecated and settled in Rattan Lal and
others versus State of Haryana and others, AIR 1987 SC 478.
5 of 9
Neutral Citation No:=2024:PHHC:146619
CWP-14971-2021 & connected cases -6-
Now the question that needs to be settled is the issue as to
"allowing a person to work till such time as the workload exists".
This Court cannot loose sight of the fact that there are certain
subjects which might have a workload for one session and may be
in the commencing session, there are not enough students who are
interested in that subject/course. In such a situation, when there are
excess teachers, over and above the regular teachers already
appointed to teach the said course, can teachers who have been
appointed on contract basis, should be allowed to continue to be
on the rolls of the respondent-University when there are
inadequate teaching hours.
Prima facie, this Court is of the opinion that the respondent-
University cannot be burdened by retaining such teachers on its
pay roll. However, again in the opinion of this Court, a method
needs to be worked out as to how teachers, who are in a way
surplus for a particular academic session, can be protected. It may
be possible to follow a principle of last come first go and maintain
a pool of such teachers in each department/discipline, who shall be
called upon in the following academic year to fulfill the need of
the hour. In this way, the interest of both the parties would be
served. Needless to say, the list of teachers maintained for each
department would necessarily have to possess the minimum
necessary qualifications as prescribed by the UGC to impart
education.
Let the Registrar of the respondent-University, in
consultation with the Vice Chancellor of the University, look into
the issue of formulating a policy for either retaining the teachers
or dispensing with their services, if the workload for the academic
session has dwindled. Let an attempt be made to formulate a policy
for consideration of the Court. This effort would help in addressing
the grievances of the petitioners and others likewise situated in a
similar situation.
6 of 9
Neutral Citation No:=2024:PHHC:146619
CWP-14971-2021 & connected cases -7-
It has been brought to the notice of this Court that some of
the petitioners herein have been engaged and are not being paid
the minimum pay scale of Rs.57,700/- per month. It is argued that
certain writ petitioners in CWP No.34689 of 2019, had raised a
similar grievance against the same University, which writ petition
was allowed on 15.07.2021 and LPA No.683 of 2021, already
stands dismissed. In view of the settled proposition against the
same University, the petitioners would be entitled to the same
benefit. Since the perusal of the said judgment would reflect that
the respondent-University has been held liable to pay an amount
of Rs.57,700/- per month being the minimum of the pay scale,
same directions are given herein too. The petitioners be released
their salary in terms of the judgment rendered in CWP No.34689
of 2019, within a period of two weeks and the arrears be cleared
within a period of three months thereafter. Any delay in clearing
the arrears would carry an interest @ 9% per annum. The arrears
would necessarily include the period when the petitioners have not
been paid for the summer vacation and any break in service.
Any services that have to be dispensed with of
Lecturers/Assistant Professors etc. would be after the workload
has been assessed at the commencement of the academic year.
4. It is not disputed at the Bar that as per settled law a contractual
employee is not to be replaced by another, nor can he be denied salary for the
period of holidays/vacation or any other temporary break in service. Regarding
allowing a person to work till workload for the subject exists, it has been
brought to this Court's notice that the University has framed a policy, dated
20.06.2023, in the light of directions issued by this Court vide the interim order
referred to above, dated 21.03.2023. The policy is to the following effect:
Keeping in view the directions of Hon'ble High Court, the
Committee is of the view that wherever the workload decreases for
whatsoever the reasons e.g. implementation of National Education
7 of 9
Neutral Citation No:=2024:PHHC:146619
CWP-14971-2021 & connected cases -8-
Policy, 2020, credits change by the regulatory bodies, etc., the
contractual teacher recruited last or the contractual teacher lowest
in merit (where two or more contractual teachers were recruited
together) shall be relieved. The principle of "LAST COME FIRST
GO" shall be followed in letter and spirit. This will avoid any pick
and choose. This will also ensure availability of an experienced
contractual teacher as and when required. If required at the later
stage, the aforesaid contractual teacher(s) may be offered the
teaching workload based on seniority in the concerned department.
Further re-appointment of the contractual teacher(s) will be subject
to their earlier work & conduct being satisfactory and subject to
fulfillment of the minimum necessary qualifications as prescribed
by the UGC or other regulatory bodies, State Govt., etc. as adopted
by the University.
5. Learned counsel for the University contends that all the petitioners
in the aforementioned writ petitions which were listed before this Court at the
time of passing interim order dated 21.03.2023, are being paid remuneration at
the minimum of pay scale meant for the post of Assistant Professor and they
have been given arrears, as also salary for the period of vacation or any break
in terms of the interim order. All due benefits will also be released to the
petitioners of four writ petitions which have been subsequently attached, i.e.,
CWP No.21380 of 2024, CWP No.15259 of 2021, CWP No.25917 of 2021 and
CWP No.2181 of 2022, in terms of the interim order within three weeks.
Accordingly, the claimed reliefs stand granted to the petitioners.
6. In view of the statement made, these petitions are disposed of with
a direction that all the petitioners, who are in service, shall be permitted to
continue in terms of policy decision, dated 20.06.2023, subject to their work
and conduct being satisfactory.
8 of 9
Neutral Citation No:=2024:PHHC:146619
CWP-14971-2021 & connected cases -9-
7. Pending application(s), if any, also stand(s) disposed of as having
been rendered infructuous.
8. A photocopy of this order be placed on connected files.
(TRIBHUVAN DAHIYA)
JUDGE
11.11.2024
Payal/Maninder
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
9 of 9
