A person must demonstrate a legal injury and a judicially enforceable right to challenge actions in a writ petition.

JUDGMENT

Tarlok Singh Chauhan, J. - Following substantive reliefs have been claimed in this writ petition:-

(i) That the action of the respondents whereby it is not placing the category of the petitioners under the regular budget head in order to meet out the salary and other allowances despite the direction issued by respondent No. 1 as contained in Annexures P-11 and P-12, may kindly be set aside and quashed and respondent No. 2 may be directed to implement the Annexures P-11 and P-12 in its letter and spirit.

(ii) That the respondent No. 2 may further be directed to allot the GPF account number, pension and other service benefits i.e. pay fixation, grade pay, benefit of 4-9-14 and promotional benefits forthwith.

2. The Executive Council of Himachal Pradesh in its meeting held on 16.06.1986, vide item No. 33 took a decision to establish Himachal Pradesh Science and Technology Entrepreneurs Park (for short ''HP-STEP'') in Himachal Pradesh University (for short ''University'').

3. The petitioners were appointed with HP-STEP in the year, 1998. On 17.02.1999, the University created regular budget head under part-II Development (Plan Budget) for HP-STEP. From the financial years 1999-2000 to 2006-07, the salary and administrative expenses of HP-STEP were regularized by the H.P. University as per budget provision. In the financial year 2007-08, the budget provisions were made against Head Part-III (Earmarked Special Fund) subject to receipt of fund from HPSTEP.

4. Aggrieved by this Action, the petitioners approached this Court by filing CWP No. 684 of 2007, which was disposed of on 02.05.2008 on the basis of the affidavit filed by the State Government wherein it had undertaken to resolve the issue raised by the petitioners.

5. The vice-Chancellor of the University who was also the Chairman of the Governing Body of the HP-STEP, recommended the proposal of the HP-STEP for functioning/merger with University and the State Government approved such merger on 02.07.2008. The Executive Council of the University approved the merger of HP-STEP with University in its meeting held on 31.01.2012 and notified the same on 18.02.2012. On 24.02.2012, respondents deployed all the petitioners in different offices/branches of the University and w.e.f. 07.03.2012, their date of joining was also notified. On 12.03.2012, the Vice-Chancellor constituted a Committee to initiate the process for taking over the assets of the HP-STEP. Pursuant to the meeting held on 05.05.2012, the University has taken over all assets of the HP-STEP amounting to Rs.74,92,889/-.

6. On 27.07.2012, the University submitted a comprehensive proposal with the State Government for additional grant of Rs. 10.00 lacs per annum to meet out the salary and other expenses of merged staff of HP-STEP. However, the State Government did not accede to this request and vide letter dated 11.09.2013 directed the University to meet out the expenditure from the budget provisions made for the current financial year. On 22.08.2014, the State Government again directed the University to adhere to the decision of 11.09.2013 by meeting out the expenditure from the budget provisions for the financial years 2013-14 and 2014-15.

7. Legal notice dated 09.10.2014 was issued by the petitioners calling upon the respondents to allot GPF account numbers to the petitioners from the date when they were placed on regular scale by the H. P. Government while serving the HPSTEP.

8. Notice was duly replied by the University wherein it was stated that as and when the grant of additional liabilities on account of salary, pension and other recurring expenditure in respect of the employees of the HP-STEP is received from the State Government as per decision of the Executive Council, the final order of merger of HP-STEP with the University and CPS Account Numbers would be issued accordingly. In reply filed to the writ, it was clarified by the University that as per the decision taken by the Executive Council vide Item No. 16