Punjab-Haryana High Court
Dr. Anil Khurana Son Of Shri Mehar Chand ... vs Maharshi Daya Nand University on 3 September, 2013
Author: K. Kannan
Bench: K. Kannan
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Writ Petition No.13946 of 2004 (O&M)
Date of decision: 03.09.2013
Dr. Anil Khurana son of Shri Mehar Chand Khurana, Lecturer in
Information Technology, Institute of Management Studies and
Research, M.D. University, Rohtak, and others.
...Petitioners.
versus
Maharshi Daya Nand University, Rohtak, through its Registrar, and
others.
....Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
----
Present: Mr. R.K. Malik, Senior Advocate,
with Mr. Mohan Singla, Advocate,
for the petitioners.
None for the respondents.
----
K.Kannan, J. (Oral)
1. Of the several reliefs sought for in the writ petition, the relief for regularizing the services has become infructuous since the petitioners are reported to have left the service.
2. As regards the second relief relating to the practice of discontinuing the contract during the vacation period and reemploying them, the issue has been settled by the Supreme Court in the judgment in Civil Appeal No.4600 of 1985, dated 16.08.1985 in Rattan Lal and others Versus State of Haryana and others where the Court has held that the practice of discontinuing during Kumar Sanjeev 2013.09.05 16:41 I attest to the accuracy and integrity of this document chandigarh Civil Writ Petition No.13946 of 2004 (O&M) -2- summer holidays and reemploying them was to be deprecated and all the ad hoc teachers shall be paid salary and allowances during the period of summer vacation as long they held the post after the vacation also. The petitioners will have consideration of such pay during the summer vacations for all the periods commencing from 3 years next prior to the filing of the petition till they held the service beyond the vacation. As regards the third prayer that regarding the consolidated pay, that was paid to the petitioners, the principal contention was that they were selected after a regular process of selection and, therefore, in terms of the judgment of Full Bench in Avtar Singh Versus State of Punjab in CWP No.14796 of 2003, decided on 11.11.2011, all the petitioners would be entitled to the minimum of regular pay scales for the period of 3 years commencing prior to the institution of the writ petition till the date when the respective services were terminated. The amounts shall be calculated and the benefits released to the petitioners within a period of 8 weeks from the date of receipt of order. The petitioners are at liberty to make a representation giving out the calculations for release of benefits.
3. The writ petition is disposed of with the above observations.
(K.KANNAN) JUDGE 03.09.2013 sanjeev Kumar Sanjeev 2013.09.05 16:41 I attest to the accuracy and integrity of this document chandigarh