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2021 Supreme(HP) 579

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
SANDEEP SHARMA, J.
Rajan Katoch S/O SH. Hari Singh Katoch – Appellant
Versus
Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishvavidyalaya - Respondents
Civil Writ Petition (Original Application) No. 2021 OF 2019
Decided on : 27-11-2021

Advocates:
Advocate Appeared:
For the Appellant :MR. Dushyant Dadwal, Advocate
For the Respondent:MR. Lokender Pal Thakur, Advocate MR Sudhir Bhatnagar AND MR. Desh Raj Thakur MR. Narinder thakur

Headnote:

Constitution of India,1950 – Article 226 - Assistant Analytical Bio-Chemist - Regularization of services - Consequential benefits - Selection process - Respondent- University vide advertisement No. (Annexure P-5) advertised inter alia others, posts of Assistant Analytical Chemist (Biochemistry) to be filled on ad hoc basis under ICAR Scheme/project - Perusal of aforesaid advertisement reveals that post in question was co-terminus with project/scheme concerned - Petitioner being fully eligible, applied for the post and on his being declared successful in selection process, he was appointed as Assistant Analytical Chemist (Bio-chemistry) vide appointment letter dated (Annexure P-6) - Though aforesaid post in year was advertised on regular basis alongwith other posts, but fact remains that interviews were not conducted qua post of Assistant Analytical Chemist (Bio-chemistry), as a consequence of which, petitioner continued to work/render service in said capacity- respondent- University pursuant to decision of Board of Management taken vide Item No. – Held, plea with regard to the petitioner’s not having possessed the requisite qualification or his having not undergone selection process, stands duly rebutted on account of own decision of respondent-University - Pursuant to which, it vide communication dated decided to absorb/adjust persons, who were working on coterminus basis against available vacant posts having identical pay scale/pay band in University, coupled with fact that pursuant to aforesaid communication, proposal was made to petitioner for his regularisation/absorption with effect from year - In view of detailed discussion made herein, court finds merit in the present petition and same is allowed and respondent-University is directed to regularize /absorb petitioner against post in question, from date persons appointed alongwith him on coterminous /ad hoc basis in year, were ordered to be regularized/absorbed, alongwith all consequential benefits - Petitioner is waiting for his rightful claim for years together, this court hopes and trusts that respondent-University would take necessary steps in this regard, expeditiously, preferably within four weeks - Petition stands disposed of.

ORDER :

1. By way of instant petition filed under Art. 226 of the Constitution of India, petitioner has prayed for the following main reliefs:

    (a) This Hon'ble Court may kindly be pleased to issue a writ of mandamus directing the Respondents to order the regularization of the services of the Petitioner as Assistant Analytical Bio-Chemist w.c.f. 24.6.2000 with all consequential benefits including Pensionary and Promotional Benefits and benefits accruable under Assured Career Progression Scheme etc.

(b) That this Hon'ble Court may be pleased to issue a writ of mandamus to directing the Respondents to grant four advance increments to the Petitioner from the date of his initial appointment i.e. 24.6.2000 for possessing Ph.D. Degree with all consequential benefits.

2. For having bird’s eye view of the matter, certain undisputed facts, as emerge from the record are that in the year 2000, respondent- University vide advertisement No. 3/2000 (Annexure P-5) advertised inter alia others, posts of Assistant Analytical Chemist (Biochemistry) to be filled on ad hoc basis under ICAR Scheme/project. Perusal of aforesaid advertisement reveals that the post in question was co-terminus with the project/scheme concerned. Petitioner being fully eligible, applied for the post and on his being declared successful in the selection process, he was appointed as Assistant Analytical Chemist (Bio-chemistry) vide appointment letter dated 23.6.2000 (Annexure P-6). Though aforesaid post in the year 2006 was advertised on regular basis alongwith other posts, but the fact remains that the interviews were not conducted qua the post of Assistant Analytical Chemist (Bio-chemistry), as a consequence of which, the petitioner continued to work/render service in the said capacity. Vide communication dated 9.10.2001 (Annexure P-13), respondent- University pursuant to decision of the Board of Management taken vide Item No. 7 of its 100th meeting held on 19.6.2001, deleted the word, “coterminus with the Project” written in the appointment letters issued to the other similarly situate persons, in the year 2000. It would be apt to take note of relevant portion of Annexure P-13, which is reproduced as under:

    “CSK Himachal Pradesh Krishi Vishvavidyalaya, Palampur

Establishment Section-I

No. 5-103/94(Co-terminus)/CSKHPKVV(Estt.)- 81504-39, dated, the 09.-10.2001 office order

in pursuance of the decision of the Board of Management taken vide item No. 7 of its 71st meeting held on 29.6.2001, the word “Co-terminus with the Project” inserted in the appointment letters of the following Assistant Professors/equivalent appointed against the advertised posts in different All India Coordinated Research Projects is hereby deleted from their appointment letters from the initial appointment with the condition that on the termination of the concerned Project, they will be adjusted in Plan/Non-loan schemes only if there is no additional financial liability on the budget of the concerned Plan/Non-Plan scheme: -

Sr. No.

Name and designation

Officer/order/letter No. & date vide which initially appointed

Name of the project against which appointment made on co-terminus basis.

Name of scheme in which actually posted/salary drawn.

11

Dr. Rajeev

Rathour, Asstt.

Scientist )Plant

Pathology)

 

No. 5-103/2000-

HPKV(Estt)/101461-

72 dt. 23.12.2000

ICAR-014-112

AICRP on

MULLARP

 

ICAR-014-112 at

Sangla upto

6.2.2001 and in

Biotechnology

Centre,

Palampur w.e.f.

7.2.2001 in

Scheem APL-

007-12

12.

Dr. Kalyan K.

Mondal (Asstt.

Scientist(Plant

Pathology)

No. 6-687/200-

CSKKV(Estt.)/12105-

16

 

Do

ICAR-014-112 at

RSS Sangla

 

13.

Dr. Ama Singh

Asstt. Scientist

(Plant

Pathology)

No. 5-103/2000-

CSKKV(Estt)/15007-

19

 

Do

APL-024-105 at

RRS Kukumseri

 

14.

Dr. Suman

Kumar Asstt. Scientist (Plant

Plathology)

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