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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
K.M. Joseph, V.K. Bist, JJ.
Kailash Chandra Paneru – Appellant
Versus
Vice Chancellor of Govind Ballabh Pant Agriculture and Technology University Pant Nagar and others – Respondents
Special Appeal No. 203, 193, 227 of 2014
Decided On : 15-09-2017
MERGER - Employment Dispute - MoU, Statutory Provisions - [Clause 5(i), 5(ii), 6, 7(vii), 7(viii), 8(ii)] - The court dismissed the appeals and upheld the decision of the learned Single Judge, ruling that the merger of the appellants into the Accounts Cadre of the University would result in a violation of the Memorandum of Understanding (MoU) between the University and the Indian Council of Agricultural Research (ICAR). The court also noted that the appellants were appointed as employees of the Krishi Vigyan Kendra (KVK) and were funded by the ICAR, and therefore, could not be treated as employees of the University. The court further emphasized that the terms of the MoU prohibited the transfer or diversion of KVK employees to other duties, and the University was obligated to confer benefits similar to those of the University staff. Additionally, the court highlighted that the State Government had withdrawn the powers for the creation of posts and pay scales, further supporting the decision to dismiss the appeals.
Fact of the Case:
The appeals were filed challenging the judgment of the learned Single Judge, who had dismissed the writ petitions filed by the appellants seeking merger into the Accounts Cadre of the University. The appellants were appointed as employees of the Krishi Vigyan Kendra (KVK) and were funded by the Indian Council of Agricultural Research (ICAR). The University had taken a decision to merge the appellants into the Accounts Cadre, which was contested by the appellants.
Finding of the Court:
The court found that the merger of the appellants into the Accounts Cadre of the University would result in a violation of the MoU between the University and the ICAR. The court also noted that the appellants were appointed as KVK employees and were funded by the ICAR, and therefore, could not be treated as employees of the University. The court further emphasized that the terms of the MoU prohibited the transfer or diversion of KVK employees to other duties, and the University was obligated to confer benefits similar to those of the University staff. Additionally, the court highlighted that the State Government had withdrawn the powers for the creation of posts and pay scales, further supporting the decision to dismiss the appeals.
Issues: The main issues revolved around the legality of merging the appellants into the Accounts Cadre of the University, the applicability of the MoU between the University and the ICAR, and the funding and administrative control over the KVK employees.
Ratio Decidendi: The court's decision was based on the provisions of the MoU, which prohibited the transfer or diversion of KVK employees to other duties, and the obligation of the University to confer benefits similar to those of the University staff. Additionally, the court considered the withdrawal of powers for the creation of posts and pay scales by the State Government, further supporting the dismissal of the appeals.
Final Decision: The court dismissed the appeals, upholding the decision of the learned Single Judge to dismiss the writ petitions filed by the appellants seeking merger into the Accounts Cadre of the University.
K.M. JOSEPH, J.
1. Since common issues are raised in these appeals, we dispose of the same by this common judgment.
2. Special Appeal No. 203 of 2014 is filed by the party respondent in Writ Petition (S/S) No. 49 of 2011 challenging the judgment rendered by the learned Single Judge. In fact, the learned Single Judge had clubbed together Writ Petition (S/S) No. 49 of 2011, Writ Petition (S/S) No. 949 of 2013 and Writ Petition (S/S) No. 1274 of 2013 and pronounced a common judgment. Special Appeal No. 227 of 2014, as also, Special Appeal No. 193 of 2014 are filed by the writ petitioners in Writ Petition (S/S) No. 949 of 2013. There are two appellants in Special Appeal No. 227 of 2014, who are petitioner nos. 8 and 4 respectively in Writ Petition (S/S) No. 949 of 2013. The rest of the writ petitioners in Writ Petition (S/S) No. 949 of 2013 are the appellants in Special Appeal No. 193 of 2014. As against Writ Petition (S/S) No. 1274 of 2013, there is no appeal. Writ Petition (S/S) No. 49 of 2011 was filed by the Pantnagar Vishwa Vidhlaya Accounts Forum. The reliefs sought therein are as follows:
“1- a writ, order or direction in the nature of mandamus directing the respondent do not merge the post of office superintendent cum accountant of Krishi Vigyan Kendra in the account cadre of the G.B. Pant University.
2- a writ, order or direction in the nature of mandamus directing the respondent not to make promotion to the those who were merged from the Krishi Vigyan Kendra to the account cadre in pursuant to the impugned seniority list of the accountant contained as Annexure no. 13 of the writ petition.
3- a writ, order or direction the nature of certiorari for quashing the impugned order dated 28-4-2003 contained as Annexure no. 6 to this writ petition and the impugned resolution no. 18 passed by the board of the management of the G.B. Pant University on 10.4.2003 in its 188th meeting.”
3. Writ Petition (S/S) No. 949 of 2011 was filed by the persons, who were working in the Krishi Vigyan Kendra. The reliefs sought therein are as follows:
“(i). To issue a writ in the nature of certiorari by quashing the impugned order dated 22.05.2013 (Annexure-1) passed by Comptroller, Govind Bhallabh Pant University of Agriculture & Technology Pantnagar, District-Udham Singh Nagar.
(ii). To issue a writ or direction in the nature of mandamus commanding the respondents to make combined seniority list for the post of Accountants of account cadre of the university and Accountants in Krishi Vigayan Kendra and further the respondents may be directed to include the name of the petitioners in the combined seniority list at appropriate place for consideration the candidature of the petitioners for the promotion to the post of Assistant Accountant Officer in account cadre in Govind Bhallabh Pant University of Agriculture & Technology Pantnagar, District- Udham Singh Nagar.”
4. We have already referred to the reliefs sought in these cases. The learned Single Judge has dismissed the Writ Petition (S/S) No. 1274 of 2013 and Writ Petition (S/S) No. 949 of 2013. In doing so, it was, inter alia, held as follows:
“10. In WPSS No. 949 of 2013, the petitioners were appointed as Accountants in the “KVK” of the University in the year 2006 and now claim that since the cadre of Accountants stood merged with that of Accountant with the University on 28.04.2003, they are actually the employees of the University and from the initial date of the appointment they seek all benefits from the University, including their inter se seniority with the existing staff of the University.
11. In WPSS No. 1274 of 2013, the petitioner – Mukesh Chand is a temporary employee, who is represented by Mr. Anurag Bisaria, Advocate, was appointed as an Accountant in the Project (KVK), but not in the project in University but elsewhere now claims parity with the employees of the University. He has admittedly not been regularized as yet.
12. From the MOU between the KVK and the University, the terms o
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