IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Rajani Dubey, J.
Vijay Kumar Gupta, S/o Dwarika Prasad Gupta - Petitioner
Versus
Guru Ghasidas University, Bilaspur Through Vice Chancellor, Guru Ghasidas University and ors. – Respondents
WPS No. 2953 of 2010, WPS No. 211, 268 of 2013, WPS No. 1497 of 2011, WPS No. 1898, 1899 of 2012, WPS No. 2954, 2955 of 2010
Decided On : 06-03-2023
Constitution of India, 1949 – Article 14 –Central University Act, 2009 – Section 4, 8, 27 – Equality before law – Quashment of Order – Petitioners have challenged order by respondent No.2- Registrar Guru Ghasidas University whereby regularization order petitioners has been declared annulled and cancelled same are being decided by this common order – Held, Directorate of Higher Education Department Raipur services of petitioners were regularized vide of co-ordinate Bench in matter of Meenakshi and decision of High Court of Madhya Pradesh service condition of petitioners are protected and rights stands accrued petitioners as regards their appointments and regularization having been done by Guru University – impugned order being not sustainable deserves to be and is accordingly set aside – Petitioners would be deemed to be regular employees of University and their regularization protected – Petitions stand allowed.
ORDER :
1. Since in all the aforesaid petitions, the petitioners have challenged the order dated 19.02.2010 passed by respondent No.2- Registrar (Incharge), Guru Ghasidas University, whereby the regularization order dated 26.08.2008 of the petitioners has been declared annulled and cancelled from 22.09.2008, the same are being decided by this common order.
2. The petitioners have prayed for quashment of the order, whereby pursuant to the cancellation of order of regularization, the regular salary paid to them on the scale admissible to a regular employee, has been directed to be recovered in monthly installment.
3. Facts of the case, as projected by the petitioners in the aforesaid petitions, are that the petitioners are employees of Guru Ghasidas University (hereinafter referred to as ‘the University’). In pursuance to the Circular No. F12-1/2007/1-3, dated 05.03.2008 of the General Administrative Department, Govt. of C.G., the decision taken by the Executive Council and direction passed by the Director, Higher Education Department, Govt. of Chhattisgarh, vide order dated 26.08.2008, the petitioners’ services were regularized under the self finance scheme against the vacant post at regular pay scale and accordingly, the petitioners had been drawing respective regular pay scale till March, 2009. Thereafter, suddenly without passing any order or informing the petitioners and without affording any opportunity of hearing to the petitioners, the regular pay scale which was granted to the petitioners and similarly regularized employees was withdrawn and payments are being made at the collectorate rate of Rs.2,972/- per month. The petitioners filed writ petition bearing WP(S) No.2471/2009 and other connected matters before this Hon’ble Court challenging the same in which the notice was issued to the University. However, without contesting the case before the Hon’ble High Court, the respondent No.2-Registrar (In-charge), University, passed the impugned order dated 19.02.2010, whereby the regularization order dated 26.08.2008 of the petitioners have been declared annulled and cancelled from 22.09.2008 after the withdrawal of salary of regular employees from the petitioners, though being a regular employee, from the month of April, 2009, dehoring Section 4(d) of the Central University Ordinance, 2009, Guru Ghasidas Vishwavidyalaya, Bilaspur (hereinafter referred to as ‘the Act of 2009’). Hence, these petitions for the following reliefs:-
10.1 That, the Hon’ble Court be pleased to quash the order dated 19.02.2010 (Annexure P/1) passed by the Respondent No.2 – The Registrar (In-charge), Guru Ghasidas University whereby the regularization order dated 26.08.2008 of the petitioners have been declared annulled and cancelled from 22.09.2008.
10.2 That, the Hon’ble Court be pleased to direct the respondents to pay the petitioners the arrears of regular pay wrongly withdrawn/deducted with interest till the date of payment.
10.3 That, the Hon’ble Court be pleased to direct the respondent No.1 and 2 to grant all the benefits of regular employee to the petitioners complying the provisions of the Central Ordinance Act, 2009.
10.4 That, any other relief which this Hon’ble Court deems fit in the present facts and circumstances of the case may kindly be granted.
(In WPS No.211/2013)
10(i) To kindly quash the order of recovery dated 05.01.2013 (Annexure P/1) passed by the respondent Guru Ghasidas University.
10(ii) To kindly quash the order dated 19.02.2010 (Annexure P/2) issued by the Registrar Guru Ghasidas University.
10(iii) To kindly quash the office memorandum dated 16.09.2010 and resolution dated 27.04.2010 (Annexure P/3)
10(iv) To kindly direct the respondent No.2 to give full effect to the order of regularization of the petitioners dated 26.08.2008.
10(v) To kindly make any other order that may be deemed fit and just in the facts a
State of Karnataka Vs. M.L. Kesari
A.P. Aggarwal Vs. Govt. of NCT of Delhi and Another
Ashok Kumar Sonkar Vs. Union of India
B.T. Krishnamurthy Vs. Shree Basaveswara Education Society
Engineer in Chief, PH.E.D. and Others Vs. Budha Rao Magarde and Others
Mata Prasad Sahu Vs. State of M.P. and Others
Punjab National Bank V. Manjeet Singh
Radha Mohan Goswami and Others Vs. State of Madhya Pradesh and Others
State of Bihar Vs. Kirti Narayan Prasad
State of J&K Vs. District Bar Association, Bandipora
State of Karnataka Vs. Uma Devi and Others
State of Orissa Vs. Bhikari Charan Khuntia
State of Orrisa Vs. Haraprasad
State of Rajasthan Vs. Daya Lal
State of T.N. Vs. R. Govindaswamy
State of Uttar Pradesh and others Vs. Rekha Rani
Subrato Bachaspati Vs. State of M.P. and Others
Union of India V. Raghuwar Pal Singh
Union of India Vs. All India Trade Union Congress
UOI and Anr. Vs. Arulmozhi Iniarasu and ors.
Vice Chancelor, Lucknow University Vs. Akhilesh Kumar Khare & Anr.
The cancellation of an employee's regularization based on arbitrary grounds violates principles of non-discrimination and due process, necessitating restoration of benefits to similarly situated indi....
The main legal point established in the judgment is the principle of treating similarly situated persons alike and the obligation of the employer to extend benefits to all eligible employees.
The State Government lacks jurisdiction to cancel a university's regularization notification, which violates principles of equality and the Bihar State Litigation Policy.
The right to pension is a constitutional right that cannot be taken away without due process, and similarly situated employees must be treated equally under the law.
The main legal point established in the judgment is the entitlement to regularization and equal pay for employees who have completed five years of continuous service, as per the Dhrubananda Mishra ju....
The court ruled that the termination of ad hoc teachers' services based on the Government Order was unjust and mandated fresh consideration of their regularization claims under the relevant statutory....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.