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2023 Supreme(Chh) 111

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

Advocates:
Advocate Appeared:
For the Petitioner: Mr. R.S. Marhas with Mr. Shivansu Pandey & Ms. Deepali Pandey.
For the Respondent:Mr. Ashish Shrivastava, Sr. Advocate with Mr. Rohishek Verma, Advocate, Mr. Manoj Mishra, Advocate, Mr. Sameer Oraon, G.A.

Headnote:

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:-

    (In WPS No.2953/2010)

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

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