Uttarakhand High Court

29 April vs State Of Uttarakhand & Others on 29 April, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                      2025:UHC:3244-DB


   HIGH COURT OF UTTARAKHAND AT NAINITAL
    Writ Petition Service Bench No. 356 of 2017
                           29 April, 2025



Punit Singh                                              --Petitioner

                               Versus

State of Uttarakhand & others.
                                              --Respondents
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Presence:-
Mr. M.C. Pant, Advocate for the petitioner.
Mr. S.K. Nailwal, Standing Counsel with Mr. Dinesh Bankoti, Brief
Holder for the State of Uttarakhand / respondent no. 1.
Mr. Bhupesh Kandpal, Advocate for respondent nos. 2, 3 & 5.
Mr. Tilak Ram Sharma, Advocate, holding brief of Mr. Shailendra
Nauriyal, Advocate for respondent no. 4.


--------------------------------------------------------------

Hon'ble Manoj Kumar Tiwari, J.
Hon'ble Ashish Naithani, J.
(Per: Hon'ble Manoj Kumar Tiwari, J.)

                           JUDGMENT

By means of this writ petition, petitioner has

sought the following relief:-

"I. Issue, writ, rule or direction in the nature of mandamus commanding and directing to the respondents to allow the same benefits of pay and other allowances and also status in service at par to the THDC employees keeping in view the judgment of the Hon'ble Court and the facts highlighted in the body of the petition and to declare the status of the petitioner is regular and permanent, after calling the entire record from the respondents and further to direct the respondents to release the salary of the petitioner form 16.07.2013 to 31.10.2013 along with all consequential benefits."

2025:UHC:3244-DB

2. According to the petitioner, THDC Institute of

Hydropower Engineering and Technology, Bhagirathipuram,

Tehri (hereinafter referred to as 'THDC Institute') became a

constituent college of Uttarakhand Technical University,

pursuant to a Memorandum of Understanding (MoU) signed

by Tehri Hydro Development Corporation India Ltd. and

Uttarakhand Technical University, on 10.05.2011, and as

per Clause (e) of the MoU, THDC Institute would run in self

financing mode without any liability on the State

Government. It is further his case that he was appointed

as Assistant Professor (Mechanical Engineering) in THDC

Institute, vide order dated 07.06.2012, issued by Vice

Chancellor, Uttarakhand Technical University.

3. Professor N.S. Chaudhary, Vice Chancellor,

Uttarakhand Technical University, Dehradun, however, has

disputed the statement made in the writ petition and has

alleged that no order of appointment was issued by

Uttarakhand Technical University to the petitioner. The Vice

Chancellor has further stated that MoU entered into

between THDC India Ltd. and Uttarakhand Technical

University was not vetted by the State Government. He has

further stated that petitioner was appointed without

selection in THDC Institute on contract for one year, vide

letter dated 19.12.2011.

2025:UHC:3244-DB

4. Petitioner contends that since he was appointed

in THDC Institute, and teachers serving in the said institute

are getting higher salary, therefore, he is also entitled for

the same salary, as is being paid to the teachers serving in

the said institute. However, from the record, it is revealed

that petitioner is serving in another college, which is being

run on self-finance mode, i.e. Women Institute of

Technology, Dehradun (for short 'WIT').

5. Learned counsel appearing for respondent nos.

2, 3 & 5 submits that although, petitioner was initially

engaged on contract as teacher in THDC Institute, however,

petitioner was named as an accused in FIR registered under

Sections 452/34, 323/34, 307/34 and 504 IPC and Section

30 of Arms Act, and after his arrest, he remained in judicial

custody and due to this reason petitioner was put under

suspension by Director, THDC Institute, vide order dated

23.04.2013. He submits that thereafter, a show cause

notice was issued to the petitioner on 10.05.2013 by the

Director, THDC Institute. Contents of the said notice is

extracted below:-

"It has been reported that a case against you in respect of criminal offence is under investigation for which you remained in Police Custody for more than 48 hrs. This is a serious misconduct and is in violation of the service conduct rules. Further, you were absent from the Institute w.e.f. 16th April, 2013 without any information.

You are therefore directed to 'explain on or before 17- 05-2013 the reasons for un-authorized absence from the Institute and also the serious criminal offence

2025:UHC:3244-DB done by you for which you were taken under Police Custody at Dehradun.

Please note that action as per Service Conduct and Disciplinary rules leading to termination of services shall be taken against you if the reply found is un- satisfactory. It is informed that your services in THDC- IHET, Tehri are temporary and you are liable to be dismissed for such serious misconducts."

6. Mr. Bhupesh Kandpal, learned counsel appearing

for respondent nos. 2, 3 & 5 has drawn our attention to the

notice issued by lawyer of the petitioner on 14.05.2013

(Annexure-11 to the writ petition) against petitioner's

suspension. In paragraph no. 1 of the said notice, it is

stated that petitioner was appointed by Vice Chancellor,

Uttarakhand Technical University. Mr. Kandpal further

submits that petitioner has relied upon a document,

allegedly signed by Vice Chancellor, Uttarakhand Technical

University (Annexure-7 to the writ petition), which he

claims to be his appointment order. Thus, he submits that

petitioner's claim for salary and other monetary benefits at

par with employees serving in THDC Institute is

misconceived, as teachers appointed by Vice Chancellor of

the University would get same remuneration,

notwithstanding the fact that they are serving in different

constituent colleges. He submits that as per own showing of

the petitioner, anyone appointed in THDC Institute is

entitled to higher salary and more allowances, therefore, a

person, who is getting more salary in THDC Institute would

not normally be liable for transfer to other constituent

colleges, where salary is less, unless such constituent

2025:UHC:3244-DB college undertakes to pay same amount as

salary/allowances to an employee, who comes on transfer

from THDC Institute.

7. Mr. Kandpal, learned counsel appearing for

respondent nos. 2, 3 & 5 has drawn our attention to the

order dated 15.07.2013, passed by Director, THDC

Institute, whereby petitioner was advised to report at

Uttarakhand Technical University with immediate effect and

he was informed that he would not have any choice in the

matter and he shall be deemed to have been relieved from

THDC Institute w.e.f. 16.07.2013. The said order refers to

approval of the Competent Authority.

8. Petitioner did not challenge the aforesaid order

dated 15.07.2013 passed by Director, THDC Institute, and

petitioner thereafter unconditionally submitted his joining in

Uttarakhand Technical University. The Vice Chancellor of the

University issued a letter to the Director, Women Institute

of Technology, Dehradun, wherein Vice Chancellor referred

to the request made by petitioner for joining and

permission to join duties was granted to the petitioner.

Pursuant to permission granted by Vice Chancellor,

petitioner joined duties in Women Institute of Technology.

9. Learned counsel for the petitioner submits that

the salary and other benefits, which petitioner was getting

in THDC Institute were protected, as is apparent from Vice

Chancellor's order dated 07.08.2013. He also refers to a

2025:UHC:3244-DB letter issued by Director, Women Institute of Technology, on

21.04.2017, for this purpose.

10. From the record, it is revealed that petitioner

was appointed without there being a sanctioned post of

Assistant Teacher. He was engaged on contract for one

year, which was thereafter extended, in view of exigencies

of work. Petitioner claims to have been appointed by Vice

Chancellor, Uttarakhand Technical University, on

07.06.2012.

11. It is not in dispute that after serving for a while

in THDC Institute, the Director of the said institute relieved

him for joining in Uttarakhand Technical University on

account of his detention in respect of a criminal case

registered against him. Petitioner unconditionally reported

duties in the University and on the instructions of Vice

Chancellor of the University, he was given joining in Women

Institute of Technology, and he thereafter served in Women

Institute of Technology.

12. From the aforesaid facts and circumstances, the

only inference which can be gathered is that petitioner is an

employee of Uttarakhand Technical University or Women

Institute of Technology, as the case may be and he is not

the employee of THDC Institute, after 16.07.2013. In fact,

petitioner's lawyer in a notice given to Director, THDC

Institute in 2013 categorically stated that petitioner was

appointed by Uttarakhand Technical University, therefore,

2025:UHC:3244-DB he is an employee of the said University.

13. A teacher serving in Women Institute of

Technology cannot claim pay parity with teachers serving in

THDC Institute, which is maintained by Tehri Hydro

Development Corporation of India Ltd.

14. For the aforesaid reasons, reliance by petitioner

upon judgment rendered in Writ Petition (S/B) No. 193 of

2014 is misplaced. Thus, there is no reason for

interference in the matter. The writ petition fails and is

dismissed. No order as to costs.

(Ashish Naithani, J.) (Manoj Kumar Tiwari, J.) 29.04.2025 Navin

NAVEEN

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CHANDRA st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF5 6D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.05.05 10:54:34 -07'00'