Central Administrative Tribunal - Chandigarh
Annie vs Education Deptt., Ut Chandigarh on 3 April, 2025
1 (OA No. 245/2019)
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
Chandigarh, this 3rd day of April, 2025
OA No. 060/245/2019
HON'BLE SH. RAMESH SINGH THAKUR MEMBER (J)
HON'BLE MRS. ANJALI BHAWRA, MEMBER (A)
1. Annie, Aged 31 years D/O Shri R.M. Gupta, Presently working
as Teaching Faculty (Assistant Professor) in French, Post
Graduate Govt. College for Girls, Sector 11, Chandigarh.
2. Madhvi Sharma, Aged 29 years, D/o Sh. B.D. Sharma,
Presently working as Teaching Faculty (Assistant Professor) in
English, Post Graduate Govt. College for Girls, Sector 11,
Chandigarh.
3. Pooja, Aged 30 years, D/o Sh. Ram Saran, Presently working as
Teaching Faculty (Assistant Professor) in Commerce, Post
Graduate Govt. College for Girls, Sector 11, Chandigarh.
4. Dr. Ritu Sekhri, Aged 34 years, D/o Sh. Ashok Sekhri, Presently
working as Teaching Faculty (Assistant Professor) in
Psychology, Post Graduate Govt. College for Girls, Sector 11,
Chandigarh.
5. Gurjeet Kaur Saini, Aged 26 years, D/o Sh. Amarjeet Singh
Saini, Presently working as Teaching Faculty (Assistant
Professor) in Political Science, Post Graduate Govt. College for
Girls, Sector 11, Chandigarh.
6. Dr. Amita Sahni, Aged 32 years, D/o Dr. Suresh Kumar Sahni,
Presently working as Teaching Faculty (Assistant Professor) in
Mathematics, Post Graduate Govt. College for Girls, Sector 11,
Chandigarh.
7. Vasudha Ramaul, Aged 30 years, D/o Sh. Suresh Ramaul,
Presently working as Teaching Faculty (Assistant Professor) in
English, Post Graduate Govt. College for Girls, Sector 11,
Chandigarh.
8. Kanupriya Arya, aged 33 years, D/o Dr. Satish Arya, Presently
working as Teaching Faculty (Assistant Professor) in English,
Post Graduate Govt. College for Girls, Sector 11, Chandigarh.
9. Sakshi Mittal, Aged 30 years, D/o Sh. Satpal Mittal, Presently
working as Teaching Faculty (Assistant Professor) in Economics,
Post Graduate Govt. College for Girls, Sector 11, Chandigarh.
10. Dr. Bani Narula, Aged 32 years, D/o Sh. N.K. Narula, Presently
working as Teaching Faculty (Assistant Professor) in
2 (OA No. 245/2019)
Psychology, Post Graduate Govt. College for Girls, Sector 11,
Chandigarh.
11. Monika Soni, Aged 29 years, D/o Sh. Gyan Chand Soni,
Presently working as Teaching Faculty (Assistant Professor) in
Music(V), Post Graduate Govt. College for Girls, Sector 11,
Chandigarh.
12. Srishti, Aged 32 years, D/o Dr. Rakesh Sehgal, Presently
working as Teaching Faculty (Assistant Professor) in English,
Post Graduate Govt. College for Girls, Sector 11, Chandigarh.
13. Dr. Ashu Gautam, Aged 36 years, D/o Sh. Kishan Chand,
Presently working as Teaching Faculty (Assistant Professor) in
Music(I), Post Graduate Govt. College for Girls, Sector 11,
Chandigarh.
14. Dr. Mitika Kanwar, Aged 30 years, S/o Sh. K.I. Singh, Presently
working as Teaching Faculty (Assistant Professor) in
Psychology, Post Graduate Govt. College for Girls, Sector 11,
Chandigarh.
15. Dr. Mandeep Kaur, Aged 30 years, W/o Sh. Jaskaran Singh
Nandha, Presently working as Teaching Faculty (Assistant
Professor) in Physics, Post Graduate Govt. College for Girls,
Sector 11, Chandigarh.
16. Dr. Shikha Sharma, Aged 32 years, Sh. Subhash Chander
Sharma, Presently working as Teaching Faculty (Assistant
Professor) in Botany, Post Graduate Govt. College for Girls,
Sector 11, Chandigarh.
17. Mansi Saxena, Aged 35 years, D/o Sh. Ravinder Kumar Saxena,
Presently working as Teaching Faculty (Assistant Professor) in
Dance, Post Graduate Govt. College for Girls, Sector 11,
Chandigarh.
18. Prabhavit Dobhal, Aged 31 years, S/o Sh. Surinder Dobhal,
Presently working as Teaching Faculty (Assistant Professor) in
Defence Studies, Post Graduate Govt. College, Sector 11,
Chandigarh.
19. Dr. Ishita Singh, Aged 34 years, D/o Lt. Sh. B.S. Gahlaut,
Presently working as Teaching Faculty (Assistant Professor) in
Economics, Post Graduate Govt. College, Sector 11,
Chandigarh.
20. Dr. Jyoti Ahuja, Aged 33 years, D/o Sh. Puran Chand, Presently
working as Teaching Faculty (Assistant Professor) in
Mathematics, Post Graduate Govt. College, Sector 11,
Chandigarh.
21. Shabina, Aged 30 years, D/o Sh. Madan Lal, Presently working
as Teaching Faculty (Assistant Professor) in Computer Science,
Post Graduate Govt. College, Sector 11, Chandigarh.
3 (OA No. 245/2019)
22. Dr. Stuti Sharma, Aged 34 years, D/o Sh. Dinesh Sharma,
Presently working as Teaching Faculty (Assistant Professor) in
English, Post Graduate Govt. College, Sector 11, Chandigarh.
23. Dr. Lalita, Aged 39 years, D/o Sh. S.S. Bargujer, Presently
working as Teaching Faculty (Assistant Professor) in Botany,
Post Graduate Govt. College, Sector 11, Chandigarh.
24. Shivani Singh, Aged 32 years, D/o Sh. Sh. Vipin Kumar,
Presently working as Teaching Faculty (Assistant Professor) in
Geography, Post Graduate Govt. College, Sector 11,
Chandigarh.
25. Dr. Suraj Thapa, Aged 34 years, S/o Sh. Chaman Lal Thapa,
Presently working as Teaching Faculty (Assistant Professor) in
Political Science, Post Graduate Govt. College, Sector 11,
Chandigarh.
Pin Code of Sector-11, Chandigarh is 160010.
26. Davinder Kaur, Aged 30 years, D/o Sh. Jarnail Singh, Presently
working as Teaching Faculty (Assistant Professor) in Botany,
Post Graduate Govt. College for Girls, Sector 42, Chandigarh.
27. Radha Chauhan, Aged 33 years, D/o Sh. Shish Pal Chauhan,
Presently working as Teaching Faculty (Assistant Professor) in
Botany, Post Graduate Govt. College for Girls, Sector 42,
Chandigarh.
28. Manvi Malwal, Aged 34 years, D/o Sh. Sukhraj Malwal,
Presently working as Teaching Faculty (Assistant Professor) in
Botany, Post Graduate Govt. College for Girls, Sector 42,
Chandigarh.
29. Shagun Sharma, Aged 33 years, D/o Sh. N.K. Sharma,
Presently working as Teaching Faculty (Assistant Professor) in
Political Science, Post Graduate Govt. College for Girls, Sector
42, Chandigarh.
30. Kalyani Singh, Aged 32 years, D/o Sh. Parminder Singh,
Presently working as Teaching Faculty (Assistant Professor) in
Home Science, Post Graduate Govt. College for Girls, Sector 42,
Chandigarh.
31. Gundeep Kaur Virk, Aged 30 years, D/o Sh. Satnam Singh,
Presently working as Teaching Faculty (Assistant Professor) in
Commerce, Post Graduate Govt. College for Girls, Sector 42,
Chandigarh.
32. Amandeep Kaur, Aged 29 years, D/o Sh. Baldev Singh,
Presently working as Teaching Faculty (Assistant Professor) in
English, Post Graduate Govt. College for Girls, Sector 42,
Chandigarh.
33. Ramanpreet Kaur, Aged 33 years, D/o Sh. Jaspal Singh,
Presently working as Teaching Faculty (Assistant Professor) in
4 (OA No. 245/2019)
Psychology, Post Graduate Govt. College for Girls, Sector 42,
Chandigarh.
34. Dr. Parul Chaudhary, Aged 31 years, D/o Sh. Harbeer Singh
Rathore, Presently working as Teaching Faculty (Assistant
Professor) in Political Science, Post Graduate Govt. College for
Girls, Sector 42, Chandigarh.
35. Dr. Sushma Sharma, Aged 36 years, D/o Sh. Milkhi Ram
Sharma, Presently working as Teaching Faculty (Assistant
Professor) in Music(V), Post Graduate Govt. College for Girls,
Sector 42, Chandigarh.
36. Ravinder Kumar, Aged 30 years, S/o Sh. Hanuman, Presently
working as Teaching Faculty (Assistant Professor) in English,
Post Graduate Govt. College for Girls, Sector 42, Chandigarh.
37. Subhpreet, Aged 40 years, W/o Sh. Ramneek Singh Sidhu,
Presently working as Teaching Faculty (Assistant Professor) in
English, Post Graduate Govt. College for Girls, Sector 42,
Chandigarh.
38. Vinod Kumar, Aged 35 years, S/o Sh. Dhani Ram, Presently
working as Teaching Faculty (Assistant Professor) in Fine Arts,
Post Graduate Govt. College for Girls, Sector 42, Chandigarh.
39. Dr. Sangam Verma, Aged 30 years, S/o Sh. Rameshwar Dayal
Verma, Presently working as Teaching Faculty (Assistant
Professor) in Hindi, Post Graduate Govt. College for Girls,
Sector 42, Chandigarh.
Pin code of sector 42, Chandigarh is 160036.
40. Dr. Harsimrat Kaur, Aged 32 years, D/o Sh. Amarjit Singh,
Presently working as Teaching Faculty (Assistant Professor) in
Geography, Post Graduate Govt. College, Sector 46,
Chandigarh.
41. Dr. Sumeet Gill, Aged 36 years, S/o Sh. N.S. Gill, Presently
working as Teaching Faculty (Assistant Professor) in English,
Post Graduate Govt. College, Sector 46, Chandigarh.
42. Baljit Singh Bamra, Aged 34 years, S/o Sh. Inderjit Singh
Bamra, Presently working as Teaching Faculty (Assistant
Professor) in English, Post Graduate Govt. College, Sector 46,
Chandigarh.
43. Arvinder Singh, Aged 30 years, S/o Sh. Didar Singh, Presently
working as Teaching Faculty (Assistant Professor) in Music(V),
Post Graduate Govt. College, Sector 46, Chandigarh.
44. Harsimran Kaur, Aged 30 years, D/o Sh. Baldev singh,
Presently working as Teaching Faculty (Assistant Professor) in
Philosophy, Post Graduate Govt. College, Sector 46,
Chandigarh.
45. Kulvinder Singh, Aged 36 years, S/o Sh. Rajinder Singh,
Presently working as Teaching Faculty (Assistant Professor) in
5 (OA No. 245/2019)
Defence Studies, Post Graduate Govt. College, Sector 46,
Chandigarh.
Pin code of sector 46, Chandigarh is 160031.
46. Shikha Garg, Aged 27 years, D/o Sh. Parvesh Garg, Presently
working as Teaching Faculty (Assistant Professor) in
Psychology, Govt. Home Science College, Sector 10,
Chandigarh-160010.
All are Group 'B'.
.... Applicants
(BY Advocate: Sh. R.K. Sharma)
Versus
1. Union Territory, Chandigarh through its Administrator, Sector-
6, Chandigarh-160002.
2. Education Secretary, Union territory, Chandigarh, Sector 9,
Chandigarh-160009.
3. Principal, Post Graduate Government College for Girls, Sector
11, Chandigarh-160010.
4. Principal, Post Graduate Government College, Sector 11,
Chandigarh-160010.
5. Principal, Post Graduate Government College for Girls, Sector
42, Chandigarh-160036.
6. Principal, Post Graduate Government College, Sector 46,
Chandigarh-160031.
7. Principal, Government home Science College, Sector 10,
Chandigarh-160010.
.................Respondents
(BY Advocate: Sh. Arvind Moudgil along with Ms.
Jyotika Panesar)
ORDER
Per: SH. RAMESH SINGH THAKUR MEMBER (J):
1. This Original Application has been filed under Section 19 of the A.T. Act, 1985 seeking following relief(s): 6 (OA No. 245/2019)
(i) Direct the respondents to allow the applicants to continue them in service till the posts are filled on regular basis by extending the benefit of judgment/orders passed by this Hon'ble Tribunal in Kirshan Kumar versus Chandigarh Admn. and others reported as 2004(3) SLJ 229, Sonika Kohli and others versus U.T. Chandigarh and others 2004(3) SLJ (CAT) 54 and Vandana Jain and others versus Union of India and others O.A. No. 33/CH/2011 decided on 31.03.2011 and to allow them the benefit of minimum of the pay scale plus DA as increase from time to time from the date of their appointment , benefit of vacation salary, salary for preparatory holidays, maternity leave wherever applicable qua the female applicants as granted in the aforementioned cases including all other benefits granted therein including non-replacement by the contractual or adhoc appointees.
(ii) Declare that the conditions of appointment of the applicants on fixed term, restraining from claiming the legal benefit through the court of law including extension etc. and no salary for vacations are illegal and unconstitutional and are liable to be quashed to that extent and that they are entitled to continue in service till the posts are filled on regular basis and they are entitled to salary for vacation period including maternity leave for female appointments wherever applicable etc. etc.
2. The applicants are all duly qualified individuals possessing postgraduate degrees, NET qualification, and, in many cases, doctoral degrees, making them fully eligible for appointment as Assistant Professors in the College Cadre of the Union Territory of Chandigarh. These posts, falling under the unified cadre of Government Arts, Science, and Home Science Colleges, are governed by the Government 7 (OA No. 245/2019) Arts and Science Colleges, Chandigarh (Assistant Professor Group 'A' Post) Recruitment Rules, 2011.
Given the delays in regular appointments--particularly when involving the UPSC--the Administration has historically resorted to temporary or contractual engagements to ensure continuity in academic instruction and to manage the increasing teacher-student ratio.
3. Historically, the practice of engaging college lecturers on an ad hoc basis in Punjab, Haryana, and U.T. Chandigarh involved relieving them before vacations and re-engaging them afterward to deny vacation salary. This led to a series of litigations in which the Hon'ble Courts intervened to protect the rights of such appointees, granting them continuity and service benefits. In response, the Administration shifted to a system of contractual appointments, which came with exploitative terms--such as fixed tenure, denial of vacation and maternity benefits, and undertakings not to approach courts--leading to further legal challenges.
4. In July 2017, the Administration advertised 37 posts of Assistant Professor (later increased to 46), and all the applicants were duly selected through a centralized 8 (OA No. 245/2019) selection process and appointed for the 2017-18 session on a fixed salary basis. Despite performing duties at par with regular faculty, they were denied benefits such as vacation salary and maternity leave. Upon nearing the end of the 2017-18 session, applicants submitted representations seeking extension and the benefit of judicial precedents, particularly relying on the judgment in Vandana Jain and Others v. Union of India and Others, O.A. No. 33/CH/2011, decided on 31.03.2011 by the Central Administrative Tribunal, Chandigarh Bench. Pursuant to these representations, the applicants were continued for the 2018-19 session under similar terms, and this time they were paid vacation salary and maternity leave was granted to female applicants. However, upon the appointment of a new Director of Higher Education and the nearing conclusion of the academic session, the applicants again sought continuation by submitting a fresh representation dated 24.12.2018, referencing judgments including Krishan Kumar v. Chandigarh Administration and Others, 2004 (3) SLJ 229 (CAT) and Sonika Kohli and Others v. U.T. Chandigarh and Others, 2004 (3) SLJ (CAT) 54, both of which held that contractual lecturers are 9 (OA No. 245/2019) entitled to the minimum of the pay scale, DA, vacation salary, and other service benefits, and cannot be replaced arbitrarily by fresh contractual hires.
5. Despite repeated requests and legal precedents, the administration refused to confirm further extension and raised objections to the previous extension itself. The applicants emphasized that such replacement of experienced and qualified contractual faculty, in the absence of regular recruitment, is arbitrary, unconstitutional, and adversely affects student interest. Courts have consistently observed that the teacher- student relationship demands continuity and rapport, which cannot be achieved through repeated replacement of faculty members each academic year.
6. The applicants also highlighted that their rights to vacation salary and maternity leave have been judicially upheld, particularly in Vandana Jain (supra), and that the denial of such rights despite the settled position amounts to contempt of the Tribunal's directions. Moreover, the clause restricting appointments to an 8-month session and denying vacation benefits has already been quashed as unconstitutional in the aforementioned judgments. 10 (OA No. 245/2019) Therefore, the applicants, who continue to serve as Assistant Professors, now approached this Tribunal seeking protection of their rights and continuation in service till regular appointments are made, along with all consequential benefits in line with the rulings in Vandana Jain, Krishan Kumar, and Sonika Kohli cases.
7. While issuing the notice to the respondents in the Original Application, the Tribunal directed the respondents to maintain status quo qua the applicants till the next date of hearing and this position continues till now.
8. A short reply has been filed by the respondents contesting the claim made by the applicants in the Original Application. According to the respondents, applications were invited through an advertisement dated 6.7.2017 for the posts of Assistant Professors on a contractual basis in various Government Arts and Science Colleges in Chandigarh. Based on the recommendations of the selection committee, the applicants were engaged for the academic session 2017-18. Their services were later extended for the session 2018-19, or until the posts were filled on a regular basis through UPSC or deputation from Punjab/Haryana, whichever occurred earlier, subject to the 11 (OA No. 245/2019) terms and conditions in their appointment letters. A similar extension was granted until 31.5.2019 under the same terms.
9. The respondents further state that the applicants filed the current application based on conjecture and assumptions. Pursuant to a court order dated 12.3.2019, status quo was directed to be maintained, which the respondents have complied with. They also clarified that 39 requisitions for regular appointments were sent to the UPSC in 2013. So far, 25 recommendations have been received, with 8 appointments completed, and the remaining are in process. The department is actively working to fill all sanctioned posts on a regular basis to ensure academic accountability. Lastly, the respondents assert that no decision has yet been taken regarding the continuation or discontinuation of the applicants' services for the 2019- 2020 session, and therefore the present application is premature and liable to be dismissed.
10. The applicants have filed the rejoinder reiterating the facts as stated in the Original Application.
11. We have heard the learned counsels for the parties and have carefully gone through the record.
12 (OA No. 245/2019)
12. After carefully considering the submissions of both parties, the relevant judicial precedents, and the facts on record, this Tribunal finds merit in the contentions raised by the applicants. It is evident that the applicants were duly selected through a proper selection process and have continuously discharged their duties as Assistant Professors, performing functions identical to those of regular faculty members. Despite this, they have been subjected to discriminatory conditions of service, including denial of vacation salary, maternity benefits, and arbitrary termination risks, which have already been held to be unconstitutional in a series of judgments including Vandana Jain v. Union of India, Krishan Kumar v. Chandigarh Administration, and Sonika Kohli v. U.T. Chandigarh (supra). The judgement given in Vandana Jain (supra) was further upheld by the Hon'ble High Court of Punjab and Haryana in CWP No. 19280 of 2011 alongwith similarly connected CWPs on 31.08.2024. The relevant portion of the judgement given by this Tribunal in Vandana Jain (supra) is reproduced as under:-
"47. We would, accordingly, conclude as under:-
i) The applicants shall not be replaced by contractual employees and they shall continue in service till the posts are filled up on regular basis;13 (OA No. 245/2019)
ii) The official respondents are directed to prepare a combined (subjectwise) seniority list of contractual lecturers and they shall be further duty-bound to follow the principle of First come, last goin the matter of engagement of laid off lecturers and also the directions issued by the Coordinate Benches of this Tribunal in Krishan Kumars case and Santosh Maliks case (supra). The yearly intake of the contractual lectuers shall, obviously, be need-based;
iii) The clauses, in the terms & conditions of the appointment letters issued to the applicants restricting the appointment to a period of eight months and also denying the salary for the vacation period to them, are held to be unconstitutional and are quashed; and
iv) In view of the categorical law laid down by the learned Coordinate Bench in KRISHAN KUMAR VS. UNION TERRITORY OF CHANDIGARH & OTHERS (supra) (wherein appropriate sustenance was drawn from the view obtained by the Apex Court in RATTAN LAL & OTHERS VS. STATE OF HARYANA & OTHERS, MUNICIPAL CORPORATION OF DELHI VS. FEMALE WORKERS (MUSTER ROLL) AND ANOTHER(supra), and also a Division Bench ruling of the Punjab & Haryana High Court in the case of RAJ BALA VS. STATE OF HARYANA : 2002(3) RSJ (43) ), all the contractual lecturers shall be entitled to minimum of the pay scale of the post, with Dearness Allowance, as admissible from time to time and also the maternity leave to the extent indicated in that judgment (Krishan Kumars case). The benefit of maternity leave would be available to a female contractual employee, with less than two surviving children. The duration thereof would be the same as has been recommended by the VIth Central Pay Commission."
13. This Tribunal is of the considered view that the applicants are entitled to continue in service until the posts are filled on a regular basis and cannot be replaced by similarly placed contractual or adhoc appointees. They are also entitled to salary equivalent to the minimum of the pay scale with applicable Dearness Allowance, vacation salary, maternity leave (wherever applicable), and other service benefits as per the judgments cited.
14. Accordingly, the Original Application is allowed. The respondents are directed to continue the applicants in service 14 (OA No. 245/2019) on the same terms and conditions as applicable to regular Assistant Professors until regular appointments are made through UPSC or deputation, and to extend to them all consequential benefits including minimum of the pay scale with DA, vacation salary, maternity leave, and other lawful entitlements, within a period of eight weeks from the date of receipt of this order.
15. There shall be no order as to costs.
(ANJALI BHAWRA) (RAMESH SINGH THAKUR)
Member (A) Member (J)
ND*
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No