Central Administrative Tribunal - Chandigarh
Vandana Jain D/O Kasturilal Jain Aged 31 ... vs Union Of India Through Secretary To ... on 31 March, 2011
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
(i)OA No.33-CH of 2011, (ii) OA No.36-CH-2011, (iii) OA No. 113-CH-2011, (iv) OA No.140-CH-2011,(v) OA No.147-CH-2011,(vi) OA No.149-CH-2011, (vii OA No.)163-CH-2011,(viii) OA No.166-CH-2011,(ix) OA No.170-CH-2011,(x) OA No.173-CH-2011, (xi) OA No.177-CH-2011, (xii)179-CH-2011, (xiii) OA No.216-CH-2011, (xiv) OA No.218-CH-2011, (xv) OA No.225-CH-2011, (xvi) OA No.234-CH OA No.-2011,(xvii) OA No.236-CH-2011, (xviii) OA No.270-CH-2011, (xix) OA No.271-CH-2011, & (xx)OA.No.758-CH-2010.
Reserved on : 23.3.2011
Chandigarh, this the 31st day of March, 2011
...
CORAM:HONBLE MR. JUSTICE S.D.ANAND, MEMBER(J)
HONBLE MR.KHUSHI RAM, MEMBER(A)
i)OA No. 33/CH/2011:
1. Vandana Jain D/o KasturiLal Jain aged 31 years, R/o 426, Phase-9, Mohali presently working as lecturer in Commerce.
2. Aanchal Malik W/o Abhisar Malik aged 30 years, Resident of Flat No.203, Ekta Bank Karamchari Society GH-13, Sector 20, Panchkula, Haryana presently working as lecturer in Commerce.
3. Harinder Kaur D/o S.Amrik Singh aged 26 years, R./o House No. 812/10, Near Anaj Mandi Dera Bassi, Dist. Mohali, Punjab presently working as lecturer in Commerce.
4. Geeta Sharma D/o P.C.Sharma aged 26 years, R/o House No. 1186, Sector 42 B, Chandigarh presently working as lecturer in B.B.A.
5. Renuka Mehra D/o Chander Mohan Mehra aged 25 years, R/o House No. 1519/1, Sector 43 B, Chandigarh presently working as lecturer in B.B.A.
6. Nandini Kalia W/o Nitesh Pathak aged 28 years, R/o House No.185, Sector 8, Panchkula presently working as lecturer in B.B.A.
7. Madhu D/o Rajinder Singh aged 27 years, R/o House No. 3270/2, Sector 41 D, Chandigarh presently working as lecturer in Commerce.
8. Kamalpreet Kaur Saini W/o Balraj Singh Saini aged 29 years, R/o 34 shaheed Baba Deep Singh Nagar, Tarantaran Road, Amritsar(Pb.) presently working as lecturer in Commerce.
9. Kamal Singh S/o Lachhi Ram aged 26 years, R/o House No. 4, Sector 9 A, Chandigarh presently working as lecturer in Economics.
10. Sandeep D/o Dharam Singh aged 25 years, R/o House No. 580, Sector 41A, Chandigarh presently working as lecturer in Commerce.
11. Kriti Mahajan W/o Varun Bhatia aged 27 years, R/o House No.3284, Sector 46, Chandigarh presently working as lecturer in Commerce.
12. Shama Rani W/o Satish Kumar aged 26 years R/o House No.433, Sector 5, Urban Estate Kurukshetra presently working as lecturer in Commerce.
13. Aarti Kaushal D/o S.K. Kaushal aged 28 years, Resident of Kothi No. 86, Beant Singh Aman Nagar, Bela Part II, Ropar, Punjab presently working as Lecturer in B.B.A.
14. Angrej Singh Gill S/o Jarnail Singh Gill aged 31 years, R/o Green Motors, Johal Market, Bathinda Road, Kotkapura (Pb.) presently working as lecturer in Economics.
All working in Government College of Commerce and Business Administration, Sector 42, Chandigarh.
APPLICANTS
BY ADVOCATE: SHRI R.K. SHARMA.
VERSUS
1. Union of India through Secretary to Govt. of India, Ministry of Human Resource Development, Department of Higher Education, New Delhi.
2. Union Territory, Chandigarh through its Administrator.
3. Education Secretary, Union Territory, Chandigarh, Sector 9, Chandigarh.
4. Director, Higher Education , U.T. Chandigarh.
5. Principal-cum-coordinator ,Post Graduate Govt. College Sector 11, Chandigarh.
6. Principal, Govt. College of Commerce and Business Administration, Sector 42, Chandigarh.
RESPONDENTS
BY ADVOCATE: SHRI DEEPAK AGNIHOTRI FOR UOI
SHRI ASEEM RAI FOR CHD ADMN.
...
ii)OA. No.36-CH-2011:
1. Shalini Wadhwa Batra D/o Late Mr. Suresh Kumar Wadhwa aged 35 years, resident of House No. 72, Phase VI, Mohali presently working as Lecturer in English.
2. Nisha W/o Sh. Satish Kumar aged 36 years, R/o House No. 850, Sector 38A, Chandigarh presently working as Lecturer in Hindi.
3. Manoj Kumar S/o Prithi Singh aged 31 years, R/o House No. 1016, Sector 6, Urban Estate, Karnal presently working as Lecturer in English.
4. Dr. Jasbir Kaur D/o Sardar Gurdev Singh aged 35 years, R/o House No.74, Phase 3A, SAS Nagar, Mohali presently working as Lecturer in Punjabi.
5. Gurdeep Kaur D/o Sh. Gurpal Singh aged 39 years R/o House No. E-1/81, P.U. Campus, Sector 14, Chandigarh presently working as Lecturer in Punjabi.
6. Dr. Ritesh Nagpal S/o Sh. Sardari Lal Nagpal aged 31 years, R/o C/A Amit Kochar, House No.3154, IInd Floor, Sector 38 D, Chandigarh presently working as Lecturer in Public Administration.
7. Dharambir S/o Sh. Maha Singh aged 31years, R/o VPO Ulrana, Kalan, Matlovda, Distt. Panipat presently working as Lecturer in History.
8. Dr. Rajneesh S/o Sh. Laxmi Prasad aged 35 years, R/o C/o Dr. Y.P. Gupta, House No. 2188, Sector 15 C, Chandigarh presently working as Lecturer in Sociology.
9. Mohit Singh S/o Sh. Mohinder Singh aged 28 years, R/o House No. 106, GHS 104B, Sector 20, Panchkula presently working as Lecturer in Physical Education.
10. Dr. Ashok Kumar S/o Sh. Bihari Lal aged 35years, R/o House No. 148, Block A, Sector 14 P.U. Campus, Chandigarh presently working as Lecturer in Physical Education.
11. Rasan Billing D/o Sh. Charanjit Singh aged 30 years, R/o House No. 10-E, Majithia Enclave, Park No.2, Near 24 No. Railway Crossing, Patiala presently working as Lecturer in Physical Education.
12. Suman Bala D/o Late Sh. Naresh Gupta aged 30 years R/o House No. 5080/3, MHC, Manimajra Chandigarh presently working as Lecturer in Physical Education.
13. Bhagwat Singh S/o Jagdish Singh aged 26 years, R/o C/o G.S. Bhist 265/27, Bhist Cottage, Kailashpuri, Alambagh, Lucknow, UP presently working as Lecturer in Physical Education.
14. Sushil Kalta S/o Sh. Narinder Kalta aged 34 years, R/o House No.3207, Sector 27, Chandigarh presently working as Lecturer in Physical Education.
15. Rajeshwari D/o Sh. Narang Lal Bhukhar aged 23 years, R/o Vill. Bhukharankabas, Post-Rasidpura, Dist-Sikar (Rajasthan) presently working as Lecturer in Physical Education.
16. Ramesh Singh S/o Sh. Kishan Singh aged 27 years, R/o Vill. Aphou (Kedar), P.O. Sanara, Dist. Almora, Uttranchal presently working as Lecturer in Physical Education.
17. Reena Rani D/o Sh. Krishan Chand Garg aged 29 years, R/o House No.234/1, Sector 32 A, Chandigarh presently working as Lecturer in Sociology.
18. Chander Kant Jaswal S/o Sh. Jagat Ram aged 33 years, R/o House No. 1660/1, Sector 40 B, Chandigarh presently working as Lecturer in Chemistry.
19. Sanjeev Chaudhary S/o Late Sh. S.P. Chaudhary aged 35 years, R/o House No.322, Sector 4, Near Duesshra Ground, Kharar, Dist. Mohali(Pb.) presently working as Lecturer in Chemistry.
20. Bablu Kumar S/o Sh. Gorkhi Ram aged 28 years, R/o VPO Darkati, Tehsil-Jawali Dist. Kangra (H.P) presently working as Lecturer in Chemistry.
21. Suklhbir Kaur D/o Sh. S.Balwant Singh aged 33 years, R/o House No.78, Amaravti Enclave, P.O. Chandimandir, Panchkula presently working as Lecturer in Chemistry.
22. Jatinder Singh S/o Sh. Sulakhan Singh aged 31 years, R/o House No. 854, Sector 40 A, Chandigarh presently working as Lecturer in Punjabi.
23. Parkash Singh S/o Sh. Prem Singh aged 33 years, R/o HL-110, Phase-2, SAS Nagar, Mohali presently working as Lecturer in Punjabi.
24. Bhawna D/o Sh. M.L. Sachdeva aged 30 years, R/o House No1050, Sector 20 B, Chandigarh presently working as Lecturer in Chemistry.
25. Madhulika Mandhu W/o Naveen Mandhu aged 32 years, R/o House No.442, Phase 3A, Sector 53, Mohali, Chandigarh presently working as Lecturer in Chemistry.
26. Monica Mangla D/o Late Sh. O.P. Mangla aged 32 years, R/o House No. 389, Sector 6, Panchkula presently working as Lecturer in Chemistry.
27. Manish Kumar S/o Sh. R.B. Lal aged 37 years House No. 3312 A, Friends Colony, Etawah, U.P presently working as Lecturer in Defence Studies.
28. Jyoti D/o Sh. Roloo Ram aged 33 years, R/o 1288, Sector 18 C, Chandigarh presently working as Lecturer in Political Science.
29. Sanjay Kumar S/o Late Sh. Ram Niwas aged 35 years, R/o House No. 707, Sector 16 HBC, Hissar presently working as Lecturer in Geography.
30. Shakha Sharda D/o Sh. Madan Lal Sharma aged 29 years, R/o House No. 3119, Sector 20 D, Chandigarh presently working as Lecturer in Environmental Science.
31. Avtar Singh S/o Sh. Rodu Ram aged 32 years, R/o Vill. Gola, P.O. Nahoni, Teh. Mullana, Dist. Ambala, Haryana presently working as Lecturer in History.
32. Ravi Yadav S/o Sh. Mahender Singh aged 26 years, R/o VPO Dhawana, Dist. Rewari, Haryana presently working as Lecturer in History.
33. Madan Lal S/o Sh. Jagdish Chander aged 33 years, R/o Vill. Haluhera, P.O-Musepur, Dist. Rewari, Haryana presently working as Lecturer in Geography.
34. Dr. Rakesh S/o Sh. Ram Yash aged 29 years, R/o House No.38, Vill. Aharpur, P.O. Jamonia, Dist. Jaunpur, UP presently working as Lecturer in History.
35. Dr. Anshul Singh Thapa aged 29 years, R/o Cantt. Area Nahan, Dist. Sirmour (HP) presently working as Lecturer in Physical Education.
36. Dr. Mamta Joshi D/o Sh. Satish Tandon aged 30 years, R/o B-509, Ravindra Appartments, Baltana, Zirakpur presently working as Lecturer in Musical Vocal.
37. Anam Sudha D/o Sh. Ramesh Kumar Sudha aged 24 years, R/o House No. 2361, Sector 44-C, Chandigarh presently working as Lecturer in Commerce & Business Administration.
38. Ramanpreet Kaur D/o Late Dr. Mohinder Singh aged 24 years, R/o House No. 284-B, Defence Colony, Jalandhar presently working as Lecturer in Commerce & Business Administration.
39. Gaurav Dureja S/o Sh. Sham Sunder aged 27 years, R/o BP 35, Bashir Pura, Jalandhar City presently working as Lecturer in Physical Education.
40. Dr. Biswajit Sardar S/o Sh. S.K. Sardar aged 33 years, R/o 8/8 Lekha Nagar, Ridge Road, Jabalpur (M.P.) presently working as Lecturer in Physical Education.
41. Mandeep Kiran D/o Sh. Shyam Chand aged 24 years, R/o VPO Lali, Teh. Raita, Dist. Fatehabad, Haryana presently working as Lecturer in Physics.
42. Dr. Anju D/o Sh. Data Ram aged 32 years, R/o House No. 741, DMC, Sector 38 West, Chandigarh presently working as Lecturer in Botany.
43. Kumari Seema D/o Sh. Baldev Krishan aged 24 years, R/o Vill, Sughal, P.O. Bharmar, Teh. Jawali, Dist. Kangra H.P. presently working as Lecturer in Physics .
44. Ritu Gupta D/o Sh. R.K. Gupta aged 26 years R/o House No. 3048, Sector 47 D, Chandigarh presently working as Lecturer in Commerce.
All working as Lecturer in Post Graduate Govt. College Sector 11,
Chandigarh
45. Salil Sharma W/o Mr. Vikas Sharma aged 29 years, R/o Teachers Apartments, Hostel-II, PG.C Girls Sector 11, Chandigarh presently working as Lecturer in Geography.
46. Reena Kushwaha W/o Mr. Ram Ashray Khushwaha aged 29 years, R/o 932, Saini Vihar, Phase-III, Baltana, Zirakpur, Mohali(Pb.) presently working as Lecturer in Political Science.
47. Geetanjali D/o Mr. M.R. Manchanda aged 31 years, R/o F-76, Army Flats Sector 4, Mansa Devi Complex, Panchkula presently working as Lecturer in Botany.
48. Rinky D/o Mr. Shingare Singh aged 30 years, R/o Opp. MITC Office HUDA Road, Khairpur Sirsa, Haryana presently working as Lecturer in Environmental Science.
49. Kusam Ahir D/o Sh. Surinder Paul Ahir aged 25 years, R/o House No.64, New Model Town Jallandhar, Punjab presently working as Lecturer in Commerce.
50. Kavita Kamboj D/o Sh. Devi Charan aged 24 years, R/o House No. 237, Gandhi Dham Colony, Jagadhri, Dist. Yamunanagar, Haryana presently working as Lecturer in Commerce.
51. Vijay Kumar S/o Sh. Sunder Singh aged 32 years, R/o Jangra Street V.P.O. Mundhal Khurd, Distt. Bhiwani, Haryana presently working as Lecturer in Psychology.
52. Sanjay Kumar S/o Sh. Luxmi Narayan aged 29 years, R/o Jat Colony, Near Bhiwani Chungi V.P.O. Kalanaur, Distt. Rohtak Haryana presently working as Lecturer in Geography.
53. Kunjan Gupta D/o Sh. Anant Kumar Gupta aged 27 years, R/o House No. 1039 Sector 20 B, Chandigarh presently working as Lecturer in Maths.
54. Desh Raj Sirswal S/o Sh. Ram Kumar aged 28 years, R/o Near Guga Madi, 255/06, Balmiki Basti, Pehowa, Kurukshetra (Haryana) presently working as Lecturer in Philosophy.
55. Jaspal Singh s/o Sh. Amarjeet Singh aged 32 years, R/o 350, Village Kajheri P.O. Badheri, U.T. Chandigarh presently working as Lecturer in Punjabi.
56. Dr. Harpreet Kaur D/o Sh. Ranveer Singh aged 29 years, R/o House No. 3368, Sector 35 D, Chandigarh presently working as Lecturer in Chemistry.
57. Dr. Shalinder Kaur D/o Sh. Jatinder Singh aged 34 years, R/o presently working as Lecturer in BV1103, St No. 6-8 old Suraj Nagri, Abohar presently working as Lecturer in Botany.
58. Kamal Krishan S/o Sh. Ram Krishan aged 33 years, R/o H.P. Press Colony, Ghora Chownki, Set No.2 Type-1, Block B Shimla presently working as Lecturer in Hindi.
59. Dr. Meenu D/o Sh. Om Parkash aged 34 years, R/o House No. 34-A, Sector 51-A, Chandigarh presently working as Lecturer in Punjabi.
60. Pooja D/o Sh. Subhash Chander aged 26 years, R/o House No. 3452 Sector 40 D, Chandigarh presently working as Lecturer in Commerce.
61. Nidhi Sharma D/o Sh. Vijay Sharma aged 29 years R/o House No. 358, Sector 16, Panchkula presently working as Lecturer in French.
62. Sujata W/o Mr. Jagbir Singh Chhilar aged 33 years, R/o House No 306, GHS-18 Sector 20, Panchkula presently working as Lecturer in Economics.
63. Seema Chauhan D/o Sh. Puran Bhagat aged 29 years, R/o V.P.O Junga Teh. Shimla, H.P. presently working as Lecturer in Sociology.
64. Ramandeep Kaur W/o Bhav Deep Singh aged 29 years , R/o Gas Agency Road, Budhlada, Mansa presently working as Lecturer in Physical Education.
65. Komal Sharma D/o Sh. S.R. Sharma aged 26 years, R/o 11-A, City Centre Raghbir Nagar, Patiala presently working as Lecturer in Sociology.
66. Amandeep Kaur W/o Aminder Singh aged years, R/o House No. 169, Sector 16 A, Chandigarh presently working as Lecturer in Political Science.
67. Anoop Singh S/o Ranjeet Singh aged 34 years, R/o House No. 1375-B, Sector 39 B, Chandigarh presently working as Lecturer in Public Administration.
68. Suresh Kumar S/o Sh. Roshan Lal aged 30 years, R/o House No. 50, Baba Mir Shah, Nehru Colony, P.O. Khanna Nagar, Amritsar presently working as Lecturer in Physical Education.
69. Preeti D/o Sh. K.L. Rajpal aged 30 years, R/o P.O. Khanna Nagar, Amritsar 1609/13, Urban Estate Karnal, Haryana presently working as Lecturer in Music(I).
All working as Lecturer in Post Graduate Govt. College For Girls Sector 11, Chandigarh.
70. Harpreet Singh S/o Sulakhan Singh aged 29 years, R/o House No 3395 Sector 32 D, Chandigarh presently working as Lecturer in Geography.
71. Ritu Sarsoha D/o Dayaram Sarsoha aged 30 years, R/o 51-A, Skynet Enclave, Zirakpur presently working as Lecturer in Environment Education.
72. Raj Bala W/o Rishi Pal Sharma aged 27 years, R/o House No. 3306, Sector 51 D, Chandigarh presently working as Lecturer in Envornment Science.
73. Gopal Krishan S/o Mangat Ram aged 32 years, R/o 658/12, New Laxman Colony, K.U. Kurukshetra(Haryana) presently working as Lecturer in Commerce.
74. Dr. Ragini W/o Gaurav Kalotra aged 32 years, R/o House No. 46, Type-II, Sector 25, P.U.Campus Chandigarh presently working as Lecturer in Commerce.
75. Ruchee Aggarwal W/o Summit Aggarwal aged 33 years, R/o House No.1026, Sector 16, Panchkula presently working as Lecturer in English.
76. Sarbjeet Kaur D/o Sukhdev Singh aged 27 years, R/o Vill-Talwandi Nahar, Teh-Ajanala, Amritsar (Pb) presently working as Lecturer in Economics.
77. Mandeep Sandhu W/o Hartaj Singh Sandhu aged 31 years, R/o 1076, Progressive Enclave, Sector 50 B, Chandigarh presently working as Lecturer in Fine Arts.
78. Ranjit Kaur Gill D/o Gurdev Singh Gill aged 29 years, R/o House No. 1055, Sector 46 B, Chandigarh presently working as Lecturer in Defence Studies.
79. Sudha Sharma D/o Ajit Kumar Sharma aged 31 years, R/o Flat No. 2210, Sector 67, Jalvayu Vihar, Mohali , Punjab presently working as Lecturer in English.
80. Pooja Sareen D/o Raman Kumar aged 31 years, R/o House No.1172, Sector 43 B, Chandigarh presently working as Lecturer in Commerce.
81. Parmleen Kaur D/o S. Jasbir Singh aged 35 years, R/o 402, G-Block Gillco Tower Gillco Valley , Sector-127, Mohali presently working as Lecturer in English.
82. Mithu Singh S/o Dev Singh aged 32 years, R/o 322/13, Guru Ravi Dass Nagar, Samana , Dist. Patiala, Punjab presently working as Lecturer in Punjabi.
83. Suparana D/o Suresh Chandra aged 35 years, R/o 48, Janta Enclave, Near Dugri, Ludhiana (Pb.) presently working as Lecturer in History.
84. Ritika Sharma W/o Deepak Sharma aged 27 years, R/o 12 A, Govind Vihar, Baltana, Zirakpur presently working as Lecturer in Economics.
All working as Lecturer in Post Graduate Govt. College Sector 46 Chandigarh.
85. Dr. Devi Singh S/o Suraja Ram aged 34 years, R/o VPO Dadalana, Dist. Panipat Haryana presently working as Lecturer in Sanskrit.
86. Dr. Bhawana Gupta W/o Sunil Singla aged 34 years, R/o House No. 3217, Sector 28 D, Chandigarh presently working as Lecturer in Public Administration.
87. Dr. Dajinder Kaur W/o S.J.S.Sagoo aged 31 years, R/o 108/f, Modikunj, Zirakpur presently working as Lecturer in Public Administration.
88. Rajesh Kumar S/o Hukam Chand aged 31 years, R/o 47/27, Peepal Wali Gali, Parbhu Nagar, Sonepat, Haryana presently working as Lecturer in Bio-tech.
89. Nachhattar Singh S/o Jaswant Singh aged 33 years, R/o VPO. Bhucho Khurd, Dist. Bathinda Punjab presently working as Lecturer in Punjabi.
90. Sumit Dabhi S/o S.K.Dabhi aged 27 years, R/o 111/240, Ramtirth Marg, Vijay Path, Mansarovar, Jaipur (Rajasthan) presently working as Lecturer in Bio-tech.
91. Sanjay Kumar Jha S/o Bishwa Nathjha aged 31 years, R/o House No. 3882, Sector 47 D, Chandigarh presently working as Lecturer in Zoology.
92. Mehar Chand S/o Gian Chand aged 31 years, R/o House No. 3371, Sector 35 D, Chandigarh presently working as Lecturer in Geography.
93. Leem Chand S/o Thakru aged 35 years, R/o C/o Satya Bhama, College of Home Science, Dept. of Food Science and Nutrution. CSK HPKV Palampur. HP presently working as Lecturer in Hindi.
94. Bharti Garg D/o H.R.Garg aged 35 years, R/o House No.661, Sector 16 D, Chandigarh presently working as Lecturer in Public Administration.
95. Shefali Malhotra W/o Surjit Singh aged 34 years, R/o House No. 171, Phase 2, Mohali presently working as Lecturer in Physical Education.
96. Parveen Gahlawat S/o O.P Gahlawat aged 28 years, R/o E-46, University Campus. Kurukshetra, Haryana presently working as Lecturer in Physical Education.
97. Jitender Singh S/o Budh Singh aged 31 years, R/o C-42, Kendraya Vihar, Sector 48 B, Chandigarh presently working as Lecturer in Physical Education.
98. Ravinder Kumar S/o Jai Shri Ram aged 27 years, R/o C/108, Near Power House, Qilla Mohalla, Ludhiana presently working as Lecturer in Micro Biology.
99. Rajwinder Singh S/o Sudagar Singh aged 23 years, R/o VPO, Manki, The. Malerkotla, Dist. Sangrur, Punjab presently working as Lecturer in Physics.
100. Akashdeep Sandhu S/o Paras Ram Sandhu aged 25 years, R/o House No. 388, Basant Bihar, Hoshiarpur, Punjab presently working as Lecturer in Micro Biology.
101. Jagmeet Singh S/o Baldev Krishan aged 31 years, R/o Near Post Office, VPO. Handiaya, Dist. Barnala, Punjab presently working as Lecturer in Political Science.
102. Mohit Verma S/o Sanjeev K. Verma aged 25 years, R/o House No. 2264, Sector 23 C, Chandigarh presently working as Lecturer in Public Administration.
103. Shaktee Pathak W/o Ritesh Pathak aged 32 years, R/o House No. 2448, Sector 74, Mohali presently working as Lecturer in English.
104. Veerpal Kaur D/o Kabal Singh aged 33 years, R/o 969, Phase X, Mohali presently working as Lecturer in Punjabi.
105. Gunnet Raikhy D/o Ajit Singh Raikhy aged 27 years presently working as Lecturer in Sociology.
106. Prabal Jyoti W/o Jatinder Singh Pandhey aged 33 years , R/o 1248, Phase 9, Mohali City, Punjab presently working as Lecturer in Economics.
107. Kiran Gupta W/o Suchet Kumar aged 30 years, R/o House No.158, Sector 15 A, Chandigarh presently working as Lecturer in Economics.
108. Sunita Kumari W/o Radheysham aged 35 years, R/o House No. 159C, Sector 51 A, Chandigarh presently working as Lecturer in Biotechnology.
109. Ruchi Sharma W/o N.G.Sharma aged 31 years, R/o House No.2214-A, Sector 15 C, Chandigarh presently working as Lecturer in Biotechnology.
110. Rachana Rana D/o Sunder Singh Rana aged 29 years, R/o House No.646/1, Phase 4, Mohali (Punjab) presently working as Lecturer in Biotechnology.
111. Ranjna Sharma W/o Sunil Garg aged 27 years, R/o HIG-33, Sector 48 C, PUDA presently working as Lecturer in Environment Science.
112. Sunita Kumari D/o Radheysham aged 36 years, R/o House No.313, Sector 22-A, Chandigarh presently working as Lecturer in Environment Education.
113. Gurpreet Kaur W/o Harpreet Singh aged 31 years, R/o 5-A, ESI Dispensary Colony, Sector 29 D, Chandigarh presently working as Lecturer in Chemistry.
114. Gagandeep Gyani S/o Ravipal Singh Gyani aged 30 years presently working as Lecturer in Chemistry.
115. Sonia Chauhan D/o Hukam Chand aged 25 years, R/o House No.5541/1, M.H.C. Manimajra, Chandigarh, U.T. presently working as Lecturer in Biotechnology.
116. Smita D/o Het Ram R/o H.No. 14/963 ADC Colony, Barnala Road, Sirsa presently working as Lecturer in Bio-Chemistry.
117. Deepa D/o Mange Ram aged 29 years, R/o House No. 1295, Pushpak Complex, Sector 49 B, Chandigarh presently working as Lecturer in English.
118. Keerti Siag D/o B.L. Siag aged 25 years R/o House No. 2160, Sector 38 C, Chandigarh presently working as Lecturer in English .
119. Shivani D/o S. Narinder Kumar, aged 28 years, R/o House No. 426, Sector 25, Panchkula presently working as Lecturer in English.
120. Rashmi Kohli D/o Kewal Kohli aged 35 years, R/o 6352-A, Rajeev Vihar, Manimajra, Chandigarh presently working as Lecturer in Zoology.
121. Nidhi Rana D/o R.S. Rana aged 29 years presently working as Lecturer in English.
122. Indu D/o Gulzar Lal aged 35 years, R/o B-173, Ranjit Avenue, Amritsar presently working as Lecturer in Commerce.
All working in Post Graduate Govt. College For Girls Sector 42, Chandigarh.
APPLICANTS
BY ADVOCATE: SHRI R.K. SHARMA.
VERSUS
1. Union of India through Secretary to Govt. of India, Ministry of Human Resource Development, Department of Higher Education, New Delhi.
2. Union Territory, Chandigarh through its Administrator.
3. Education Secretary, Union Territory, Chandigarh, Sector 9, Chandigarh.
4. Director, Higher Education , U.T. Chandigarh.
5. Principal, Post Graduate Govt. College, Sector 11, Chandigarh.
6. Principal, Post Graduate Govt. College for Girls, Sector 11, Chandigarh.
7. Principal, Post Graduate Govt. College, Sector 46, Chandigarh.
8. Principal Post Graduate Govt. College for Girls, Sector 42, Chandigarh.
RESPONDENTS
BY ADVOCATE: SHRI DEEPAK AGNIHOTRI FOR UOI.
SHRI ASEEM RAI FOR CHD ADMN.
...
iii)OA No.113-CH-2011:
1. Gurvinder Kaur H.No-164, Sector-20A, Chandigarh.
2. Sudha Yadav H.No-265, Sector-11, Panchkula.
3. Jyoti Ahuja H.No-1186, Sector-42-B, Chandigarh.
4. Kavita Rani H.No-3059, Sector-40 D, Chandigarh.
5. Sakshi H.No-2957, Sector 42-C, Chandigarh.
6. Amrit Kaur H.No-3333, Sector 27 D, Chandigarh.
7. Babita Bansal H.No-1450-51, Sector-42 B, Chandigarh.
APPLICANTS
BY ADVOCATE: SHRI J.S. SETHI.
VERSUS
1. Union Territory, Chandigarh through its Administrator, U.T, Chandigarh.
2. Finance Secretary cum Education Secretary, Union Territory, Addl. Deluxe Building, Sector-9, Chandigarh.
3. Home Secretary, Chandigarh Administration Sector-9, Chandigarh.
4. Director, Public Instruction, (Colleges) Union Territory, Addl. Deluxe Building Sector-9, Chandigarh.
5. Principal, Postgraduation , Government College, Sector 11, Chandigarh.
6. Principal Postgraduate Govt. College for Girls, Sector-42, Chandigarh.
RESPONDENTS
BY ADVOCATE: SHRI ARVIND MOUDGIL FOR CHD ADMN.
...
iv)OA No.140-CH-2011:
1. Gopika Sood D/o Shri Madan Mohan Sood aged about 36 years, resident of House No.2569, Sector 22-C, Chandigarh, presently working as Lecturer in Physics, Post Graduate Govt. College for Girls, Sector 11, Chandigarh.
2. Purva Mishra D/o late Shri Amarjit Singh, W/o Shri Mayank Mishra, aged 33 years, R/o House No. 1474, Sector 49B, Pushpak Complex, Chandigarh presently working as Lecturer in Public Administration Post Graduate Govt. College for Girls, Sector11, Chandigarh.
3. Vipanjeet Kaur S/o Shri Karnail Singh, aged 31 years, R/o House No. 617/3, MC, Dhanas, Chandigarh presently working as Lecturer in English Post Graduate Govt. College for Girls, Sector 11, Chandigarh.
4. Manisha, D/o Shri Virender Singh aged 33 years, R/o House No.545, Sector 11B, Chandigarh presently working as Lecturer in English, Post Graduate Govt. College for Girls, Sector 11, Chandigarh.
5. Parul Virk D/o Sh. Jaspal Singh Virk, aged 29 years, R/o House No.144, Bhuppur, Paonta Sahib, Distt. Sirmaur, Himachal Pradesh working as Lecturer in Environmental Science, Post Graduate Govt. College for Girls, Sector 11, Chandigarh.
6. Harleen Kaur D/o Harpreet Singh, aged 25 years, R/o 3489, Sector 38-D, Chandigarh, working as Lecturer in Physics, Post Graduate Govt. College for Girls, Sector 11, Chandigarh.
7. Ankita Sharma D/o Sh. Anil Sharma, aged 27 years, R/o 3047, Sector 37-D, Chandigarh, working as Lecturer in English, Post Graduate Govt. College for Girls, Sector11, Chandigarh.
8. Kamaldeep Kaur, W/o Sh. Samir Singh, aged about 35years, R/o 47, Sector 19-A, Chandigarh, working as Lecturer in English, Post Graduate Govt. College for Girls, Sector 11, Chandigarh.
9. Munisha Gaur, D/o Sh. Mohinder Singh, aged about 33 years, R/o 1155, Universal Enclave, Sector 48-B, Chandigarh, Lecturer in Economics, Post Graduate Govt. College, Sector 46, Chandigarh.
APPLICANTS
BY ADVOCATE: SHRI R.K. SHARMA.
VERSUS
1. Union of India through Secretary to Govt. of India, Ministry of Human Resource Development, Department of Higher Education, New Delhi.
2. Union Territory, Chandigarh through its Administrator.
3. Education Secretary, Union Territory, Chandigarh, Sector -9, Chandigarh.
4. Director, Higher Education, U.T. Chandigarh.
5. Principal, Post Graduate Govt. College for Girls, Sector 11, Chandigarh.
6. Principal, Post Graduate Govt College, Sector 46, Chandigarh.
RESPONDENTS
BY ADVOCATE: SHRI DEEPAK AGNIHOTRI.
SHRI ARVIND MOUDGIL
...
v) OA No.147-CH-2011:
1. Amandeep Kaur D/o Shri Niranjan Singh aged about 27 years, presently working as Lecturer in Punjabi, Post Graduate Govt. College, Sector 11, Chandigarh.
2. Kanchan, D/o Sh. Sudarshan Kumar, aged about 27 years, presently working as Lecturer in English Post Graduate Govt. College, Sector 11, Chandigarh.
3. Anupreet Kaur D/o Shri A.S Wadhwa, aged 28 years, presently working as Lecturer in Commerce, Post Graduate Govt. College, Sector 11, Chandigarh.
4. Neha Bishnoi D/o Shri Rajinder Kumar aged about 27 years, presently working as Lecturer in Commerce, Post Graduate Govt. College, Sector 11, Chandigarh.
5. Sushma Punj W/o Sh. Munish Punj aged about 35 years, presently working as Lecturer in Post Graduate Govt. college for girls, Sector 11, Chandigarh.
6. Jyotsna Sharma D/o Sh. Shish Ram Kaushik aged about 30 years, presently working as Lecturer in Post Graduate Govt. College, Sector-11, Chandigarh.
APPLICANTS
BY ADVOCATE: SHRI R.K SHARMA.
VERSUS
1. Union of India through Secretary to Govt. of India, Ministry of Human Resource Development, Department of Higher Education, New Delhi.
2. Union Territory, Chandigarh through its Administrator.
3. Education Secretary , Union Territory, Chandigarh, Sector 9, Chandigarh.
4. Director, Higher Education, U.T. Chandigarh.
5. Principal, Post Graduate Govt. College, Sector 11, Chandigarh.
6. Principal, Post Graduate Govt. College for Girls, Sector-11, Chandigarh.
RESPONDENTS
BY ADVOCATE: SHRI DEEPAK AGNIHOTRI FOR UOI.
SHRI ARVIND MOUDGIL FOR CHD ADMN.
...
vi) OA No.149-CH-2011:
1. Rakesh Kumar S/o Shri Om Parkash, Lecturer in BBA, Post Graduate Govt. College, Sector 11, Chandigarh.
2. Ekta Narula D/o Shri R.L. Chaudhary Lecturer in BBA, Post Graduate Govt. College, Sector 11, Chandigarh.
3. Neelima, D/o Shri R.K. Gupta Lecturer in BBA, Post Graudate Govt. College, Sector 11, Chandigarh.
4. Rita D/o Shri Jaipal Lecturer in BBA, Post Graduate Govt College, Sector 11, Chandigarh.
5. Kanu Priya D/o Shri Rakesh Chander, Lecturer in BBA, Post Graduate Govt. College, Sector 11, Chandigarh.
6. Rajshree Halder, D/o Late R. Halder, Lecturer in BBA, Post Graduate Govt. College, Sector 11, Chandigarh.
7. Priyanka Gautam, D/o Shri Dayanand Gautam, Lecturer in BBA, Post Graduate Govt. College, Sector 11, Chandigarh.
8. Urmila Thakur, D/o Shri K.S. Thakur, Lecturer in BBA, Post Graduate Govt College, Sector 11, Chandigarh.
9. Sugandha, D/o Shri Satish Garg, Lecturer in Advertising, Sales Promotion and Sale Management (Vocational), Post Graduate Govt. College, Sector 46, Chandigarh.
10. Dr. Shiffali Singla, D/o Shri C.L. Gupta, Lecturer, Bio Chemistry (Bio-Technology), Post Graduate Govt. College, Sector 11, Chandigarh.
11. Dr. Sunil Kumar, S/o Shri Hari Ram, Lecturer, Bio Technology, Post Graduate Govt. College, Sector 11, Chandigarh.
12. Savita Bains, D/o Shri L.C. Bains, Lecturer, Bio Technology, Post Graduate Govt. College, Sector 11, Chandigarh.
13. Vijay Kumar, S/o Shri Gurbax Singh, Lecturer, Bio Technology, Post Graduate Govt. College, Sector 11, Chandigarh.
APPLICANTS
BY ADVOCATE: SHRI R.K. SHARMA.
VERSUS
1. Union of India through Secretary to Govt. of India, Ministry of Human Resource Development, Department of Higher Education, New Delhi.
2. Union of Territory, Chandigarh through its Administrator.
3. Education Secretary, Union Territory, Chandigarh, Sector 9, Chandigarh.
4. Director, Higher Education , U.T. Chandigarh.
5. Principal, Post Graduate Govt. College, Sector 11, Chandigarh.
6. Principal, Post Graduate Govt. College, Sector 46, Chandigarh.
RESPONDENTS
BY ADVOCATE: SHRI DEEPAK AGNIHOTRI FOR UOI.
SHRI ARVIND MOUDGIL CHD ADMN.
...
vii)OA No.163-CH-2011:
Poonam Arora D/o Sh. Sudershan Kumar Wadhwa aged about 34 years, resident of H.No. 728, F.F. Sector 22-A, Chandigarh presently working as lecturer in Economics in Post Graduate Govt. College for Girls, Sector 11, Chandigarh.
APPLICANT
BY ADVOCATE: SHRI R.K. SHARMA
.
VERSUS
1. Union of India through Secretary to Govt. of India, Ministry of Human Resource Development, Department of Higher Education, New Delhi.
2. Union Territory, Chandigarh through its Administrator.
3. Education Secretary, Union Territory, Chandigarh, Sector 9, Chandigarh.
4. Director, Higher Education , U.T. Chandigarh.
5. Principal, Post Graduate Govt. College, Sector 11, Chandigarh.
6. Principal, Post Graduate Govt. College for Girls, Sector 11, Chandigarh.
RESPONDENTS
BY ADVOCATE: SHRI DEEPAK AGNIHOTRI FOR UOI.
SHRI ARVIND MOUDGIL CHD ADMN.
viii).OA No.166-CH-2011:
1. Raminder Kaur D/o Sh. Harpal Singh, Lecturer (Computer Science).
2. Ritu D/o Sh. Rajender Kumar, Lecturer (BCA).
3. Veenu Saini D/o Sh. Manga Ram Saini, Lecturer (I.T.).
4. Sanjiv Kumar S/o Sh. Jaisi Ram, Lecturer (BCA).
5. Sonika D/o Sh. J.R. Dhiman, Lecturer Computer Science.
6. Chetan Kumar Gupta S/o Sh. Ashwani Kumar Gupta, Lecturer (I.T.).
7. Gaurav Dutt, S/o Sh. Om Prakash, Lecturer (BCA).
8. Karuna D/o Sh. A.D. Babber, Lecturer (I.T).
9. Nisha Gupta D/o Sh. Rakesh Kumar Gupta, Lecturer (I.T.).
10. Saurabh Gupta S/o Sh. Ravi Gupta, Lecturer (I.T.).
11. Anu Sharma D/o Sh. Kapil Dev Sharma, Lecturer (Computer Science).
12. Hardeep Singh, S/o Lt. Baldev Singh, Lecturer (I.T.).
13. Sonu Aggarwal D/o Sh. A.K. Aggarwal, Lecturer (I.T.).
14. Shaveta Gupta D/o Sh. Sudhir Kumar, Lecturer (I.T.).
(Serial 1to 14 are working in Post Graduate Govt. College Sector, 11 Chandigarh.
15. Jatinder Kaur D/o Sh. Ranjit Singh, Lecturer (BCA).
16. Mohit Sanan S/o Sh. Satish Kumar, Lecturer (BCA).
17. Shefali Aggarwal D/o Sh. Raj Kumar, Lecturer (BCA).
18. Gaurav Jindal S/o Sh. Satpal Jindal, Lecturer (BCA).
19. Vandana D/o Sh. Rajpal Singh, Lecturer (BCA) (Serial 15 to 19 are working in Post Graduate Govt. College Sector, 46 Chandigarh).
20. Navtej Singh S/o Sh. Inderpal Singh, working as Lecturer (Computer Science) in Govt. Home Science College, Sector 10, Chandigarh.
21. Arun Kalia S/o Sh. Duni Chand, Lecturer (BCA).
22. Hemant kumar , S/o Sh. Gurdas Singh, Lecturer (BCA).
23. Navdeep Kaur, S/o S. Jasmail Singh, Lecturer (BCA).
24. Monika Gogna D/o Sh. Jagdish Lal, Lecturer (BCA).
25. Ritu Thind, D/o Sh. Amrik Singh, Lecturer (BCA).
26. Shamana Anish D/o Shri Amir Faisal, Lecturer (BCA).
27. Meenu Kamboj, D/o Sh. Brijpal Kamboj, Lecturer (BCA).
28. Ritika D/o Sh. Balbir Singh, Lecturer (BCA).
29. Seema Rani D/o Sh. Darshan Lal, Lecturer (BCA).
30. Harpreet Kaur D/o S. Charanjeet Singh, Lecturer (BCA).
31. Chhavi Mahajan D/o Dr. C.M. Mahajan, Lecturer (B.SC/Computer Science).
32. Dalbir Singh S/o Sh. Yashpal Singh, Lecturer (B.Sc/Computer Science).
33. Narinder Singh, S/o Sh. Shangara Singh, Lecturer (B.Sc Computer Science).
(Serial No. 21 to 33 are working in Post Graduate Govt. College Girls Sector 11, Chandigarh).
APPLICANTS
BY ADVOCATE: SHRI D.R. SHARMA.
VERSUS
1. Chandigarh Administration, Chandigarh through its Home Secretary-cum- Education Secretary, U.T. Secretariat, Sector-9, Chandigarh.
2. Director Public Instructions (Colleges), Department of Higher Education, Deluxe Building, U.T., Sector-9, Chandigarh.
3. The Administrator, U.T. Chandigarh.
RESPONDENTS
BY ADVOCATE: SHRI ARVIND MOUDGIL FOR CHD ADMN.
...
ix) OA No.170-CH-2011:
1. Kanwar Chanderdeep Singh S/o Charanjiv Singh aged about 32 years, Lecturer in History, Post Graduate Govt. College for Girls, Sector-11, Chandigarh.
2. Pooja Gupta D/o Parveen Kumar aged about 27 years, Lecturer in Commerce, Post Graduate Govt. College, Sector-46, Chandigarh.
APPLICANTS
BY ADVOCATE: SHRI R.K. SHARMA.
VERSUS
1. Union of India through Secretary to Govt. of India, Ministry of Human Resource Development, Department of Higher Education, New Delhi.
2. Union Territory, Chandigarh through its Administrator.
3. Education Secretary, Union Territory, Chandigarh, Sector 9, Chandigarh.
4. Director, Higher Education , U.T. Chandigarh.
5. Principal, Post Graduate Govt. College for Girls, Sector 11, Chandigarh.
6. Principal, Post Graduate Govt. College, Sector 46, Chandigarh.
RESPONDENTS
BY ADVOCATE: SHRI DEEPAK AGNIHOTRI FOR UOI.
SHRI ARVIND MOUDGIL CHD ADMN.
...
x) OA No.173-CH-2011:
1. Rupender S/o Sh. Mange Ram R/o 139/19 Hanuman Nagar Narwana District Jind presently working as Lecturer in Maths in Post Graduate Govt. College for Men Sector 11, Chandigarh.
2. Rajesh Kumar S/o Sh. Raghu Nath Singh R/o VPO Rewari Khera District Bhiwani presently working as Lecturer in Physical Education in Post Graduate Govt. College for Men Sector 11, Chandigarh.
3. Rajesh Kumar S/o Sh. Bhiku Ram R/o VPO Ghogrian Tehsil Narwana District Jind presently working as Lecturer in Busines Administration in Post Graduate Govt. College for Men Sector 11, Chandigarh.
4. Amit Kaur S/o Sh. Ravi Kaura R/o VPO Paprola Tehsil Baijnath District Kangra (HP) presently working as Lecturer in Math in Post Graduate Govt. College for Men Sector 11, Chandigarh.
5. Raj Kumar Herojeet S/o Sh. Raj Kumar Surjeet R/o H. No.2104 Sector 15 C, First Floor Chandigarh presently working as Lecturer in Environment Science in Post Graduate Govt. College for Men Sector 11, Chandigarh.
6. Manoj Kumar S/o Sh. Inderjeet Singh R/o H.No.1923 Sector 43-B, Chandigarh presently working as Lecturer in Math in Post Graduate Govt. College for Men Sector 11, Chandigarh.
7. Vikram Kumar S/o Jai Ram Singh R/o H.No.2951/1A Sector 42-C, Chandigarh presently working as Lecturer in Math in Post Graduate Govt. College for Girls Sector 11 Chandigarh.
8. Satish Kumar S/o Jai Ram Singh R/o H.No.2951/1A Sector-42C Chandigarh presently working as Lecturer in Math in Post Graduate Govt. College for Girls Sector 42 Chandigarh.
9. Meenakshi Yadav d/o Sh. Parveen Kumar R/o H.No.2141 Sector 27-C Chandigarh presently working as Lecturer in Sociology in Post Graduate Govt. College for Girls Sector 11, Chandigarh.
10. Monika d/o Subhash Chander R/o H.No.227/1 Sector-51A Chandigarh presently working as Lecturer in English in Post Graduate Govt. College for Girls Sector 11, Chandigarh.
11. Dr. Suresh Chand S/o Sh. Kali Ram R/o VPO Buda Dehar Distt. Jind presently working as Lecturer in Philosophy in PGGCM-11, Chandigarh.
12. Amit Jakhal S/o Sh. C.R. Jakhal R/o H.No.1527, Sector 25, Panchkula.
APPLICANTS
BY ADVOCATE: SHRI A.K. BURA.
VERSUS
1. Union of India through Secretary to Govt. of India, Ministry of Human Resource Development, Department of Higher Education, New Delhi.
2. Union Territory, Chandigarh through its Administrator.
3. Education Secretary, Union Territory, Chandigarh, Sector 9, Chandigarh.
4. Director, Higher Education , U.T. Chandigarh.
5. Principal, Post Graduate Govt. College for Men Sector 11, Chandigarh.
6. Principal, Post Graduate Govt. College for Girls Sector 11, Chandigarh.
7. Principal Post Graduate Govt. College for Girls Sector-42, Chandigarh.
RESPONDENTS
BY ADVOCATE: SHRI DEEPAK AGNIHOTRI FOR UOI.
SHRI ARVIND MOUDGIL FOR CHD ADMN.
...
xi) OA No.177-CH-2011:
Rakesh Kumar S/o Chander Shekhar R/o 67/2 Bank Colony Manimajra U.T. Chandigarh, presently working as Lecturer in Maths in Post Graduate Govt. College for Men Sector -11, Chandigarh.
APPLICANT
BY ADVOCATE: SHRI A.K. BURA.
VERSUS
1. Union of India through Secretary to Govt. of India, Ministry of Human Resource Development, Department of Higher Education, New Delhi.
2. Union Territory, Chandigarh through its Administrator.
3. Education Secretary, Union Territory, Chandigarh, Sector 9, Chandigarh.
4. Director, Higher Education , U.T. Chandigarh.
5. Principal, Post Graduate Govt. College for Girls, Sector 11, Chandigarh.
RESPONDENTS
BY ADVOCATE: SHRI DEEPAK AGNIHOTRI FOR UOI.
SHRI ARVIND MOUDGIL FOR CHD ADMN.
...
xii)OA No.179-CH-2011:
1. Umesh Mishra S/o Shri Naresh Kumar, age 29 years, Lecturer (Hindi) in Post Graduate Govt. College, Sector 46, Chandigarh.
2. Prashant Kumar S/o Shri Lajpat Rai, age 24 years, working as Lecturer (English) in Post Graduate Govt. College, Sector 46, Chandigarh.
APPLICANTS
BY ADVOCATE: SHRI D.R. SHARMA.
VERSUS
1. Chandigarh Administration, Chandigarh through its Home Secretary-cum-Education Secretary, U.T. Secretariat, Sector-9, Chandigarh.
2. Director Public Instructions (Colleges), Department of Higher Education, Deluxe Building, U.T, Sector-9, Chandigarh.
3. The Administrator, U.T. Chandigarh.
RESPONDENTS
BY ADVOCATE: SHRI ASEEM RAI FOR CHD ADMN.
...
xiii)OA No.216-CH-2011:
Veenat d/o Sh. Harish Chander r/o H.No. 582 Sector-4 Panchkula District Panchkula, presently working as lecturer in Sociology in Post Graduate Govt. College for Men Sector-11, Chandigarh.
APPLICANT
BY ADVOCATE: SHRI A.K. BURA.
VERSUS
1. Union of India through Secretary to Govt. of India, Ministry of Human Resource Development, Department of Higher Education, New Delhi.
2. Union Territory, Chandigarh through its Administrator.
3. Education Secretary, Union Territory, Chandigarh, Sector 9, Chandigarh.
4. Director, Higher Education , U.T. Chandigarh.
5. Principal, Post Graduate Govt. College for Girls Sector 11, Chandigarh.
RESPONDENTS
BY ADVOCATE: SHRI DEEPAK AGNIHOTRI FOR UOI.
SHRI ARVIND MOUDGIL FOR CHD ADMN.
...
xiv)OA No.218-CH-2011:
1. Ms. Nidhi Duggal D/o Prof. A.K. Ummat, working as Lecturer (Clothing & Textiles), in Govt. Home Science College, Sector 10, Chandigarh.
2. Ms. Priyanka Sharma D/o Sh. C.L. Sharma, working as Lecturer
(Music Vocal) in Govt. Home Science College, Sector 10,
Chandigarh.
APPLICANTS
BY ADVOCATE: SHRI D.R. SHARMA.
VERSUS
1. Chandigarh Administration, Chandigarh through its Home Secretary-cum-Education Secretary, U.T. Secretariat, Sector 9, Chandigarh.
2. Director Public Instructions (Colleges), Department of Higher Education , Deluxe Building, U.T., Sector 9, Chandigarh.
3. The Administrator, U.T. Chandigarh.
RESPONDENTS
BY ADVOCATE: SHRI ARVIND MOUDGIL FOR CHD ADMN.
...
xv).OA No.225-CH-2011:
Venu, aged about 28 years, D/o Sh. S.L. Sandal, presently working as Lecturer (Environment Education) in Govt. Home Science College, Sector 10, Chandigarh.
APPLICANT
BY ADVOCATE: SHRI SANDEEP SIWATCH, PROXY FOR SHRI
R.K SHARMA.
VERSUS
1. Union of India through Secretary to Govt. of India, Ministry of Human Resource Development, Department of Higher Education, New Delhi.
2. Union Territory, Chandigarh through its Administrator.
3. Education Secretary, Union Territory, Chandigarh, Sector 9, Chandigarh.
4. Director, Higher Education, U.T. Chandigarh.
5. Principal, Govt. Home Science College, Sector 11, Chandigarh.
RESPONDENTS
BY ADVOCATE: SHRI ARVIND MOUDGIL FOR CHD ADMN.
...
xvi)OA No.234-CH-2011:
1. Deepali Sharma D/o Sh. Suresh Kumar Sharma, R/o 5634, Duplex, Modern Housing Complex, Manimajra, Chandigarh.
2. Mr. Gautam Sood S/o Sh. Late Shiv Paul Sood, R/o 3315, PGI Society, Sector 49-D, Chandigarh.
3. Sh. Narinder Singh S/o Sh. Naseeb Singh, C/o Varinder Singh, JTA, Department of psychology, Punjabi University Patiala.
APPLICANTS
BY ADVOCATE: SHRI NARESH JAIN.
VERSUS
1. Union of India through Secretary to Govt. of India, Ministry of Human Resource Development, of Higher Education, New Delhi.
2. Union Territory, Chandigarh through its Administrator.
3. Education Secretary, Union Territory, Chandigarh, Sector 9, Chandigarh.
4. Director, Higher Education , U.T. Chandigarh.
5. Government Home Science College, Sector 10, Chandigarh through its principal.
RESPONDENTS
BY ADVOCATE: SHRI DEEPAK AGNIHOTRI FOR UOI.
SHRI ARVIND MOUDGIL FOR CHD ADMN.
...
xvii).OA No.236-CH-2011:
1. Prabhjot Kaur W/o Harpreet Singh aged about 35 years, R/o House No. 12-C, Sector-44 A, Chandigarh, Lecturer in Clothing and Textiles.
2. Raman Jit kaur Bajwa W/o Gurinder Jit Singh Bajwa aged about 34 years R/o House No. 3108, IInd Floor, Sector-40 D, Chandigarh Lecturer in Clothing and Textiles.
3. Simar Prabh Kaur W/o Madhur Bain Singh aged about 37 years, R/o House No.72, Shivalik Enclave, N.A.C CHD-Kalka Road, Chandigarh, Lecturer in Clothing and Textiles.
4. Anila D/o Pradeep Kumar aged about 25 years, R/o House No. 2102/2, Sector-40 C, Chandigarh, Lecturer in Clothing and Textiles.
5. Preeti Alagh D/o Shri Ram aged about 26 years, R/o House No.1180, Sector-4, Panchkula, Lecturer in Clothing and Textiles.
6. Shalu Gupta W/o Dhirendra Gupta aged about 35 years, R/o House No. S-13, Sector-29-A, Scientist Hostel (T.B.R.L), Chandigarh, Lecturer in Extension Education.
All working on contract basis in Govt. Home Science College Sector 10, Chandigarh.
APPLICANTS
BY ADVOCATE: SHRI R.K. SHARMA.
VERSUS
1. Union of India through Secretary to Govt. of India, Ministry of Human Resource Development, Department of Higher Education, New Delhi.
2. Union Territory, Chandigarh through its Administrator.
3. Education Secretary, Union Territory, Chandigarh, Sector 9, Chandigarh.
4. Director, Higher Education , U.T. Chandigarh.
5. Principal, Govt. Home Science. College, Sector -10, Chandigarh.
RESPONDENTS
BY ADVOCATE: SHRI DEEPAK AGNIHOTRI FOR UOI.
SHRI ARVIND MOUDGIL FOR CHD ADMN.
.
xviii) OA No.270-CH-2011:
1. Sadhana D/o Sh. Sumer Singh R/o House No. 746/B-1, Near Dilbhag Factory, Ratpur Colony, Pinjore.
2. Taruna D/o Sh. Jagdish Chander R/o House No. 19, Sector 4, Panchkula, Haryana.
3. Sunil Maan D/o Sh. Dharambir Maan, R/o House No.30, Laxmi Enclave, Dhakoli, Zirakpur, Distt. SAS Nagar.
APPLICANTS
BY ADVOCATE: SHRI ARVIND RAJOTIA.
VERSUS
1. The Chandigarh Administration, Chandigarh through its Home Secretary-cum-Education Secretary, U.T. Secretariat, Sector-9, Chandigarh.
2. Director Public Instructions (S), Education Department Deluxe Building, U.T. ,Sector-9, Chandigarh.
3. The Distt. Education Officer, U.T., Chandigarh, Sector-9, Chandigarh.
RESPONDENTS
BY ADVOCATE: SHRI ARVIND MOUDGIL FOR CHD ADMN.
...
xix).OA No.271-CH-2011:
1. Suman Rani D/o Sh. Jai Singh, House No. 381A/32, Shivaji Colony, Circular Road, District Rohtak.
2. Nisha Singh D/o Sh. Shahzad Singh, House No.282, Sector 7-A, Chandigarh.
3. Sanjeev Kumar S/o Sh. Prem Chand, House No.3341, Police Society, Sector 51-D, Chandigarh.
4. Manish Kumar S/o Sh. Dharamvir, House No.1480, Sector 20-B, Chandigarh.
APPLICANTS
BY ADVOCATE: SHRI ARVIND RAJOTIA.
VERSUS
1. The Chandigarh Administration, Chandigarh through its Home Secretary-cum-Education Secretary, U.T. Secretariat, Sector 9, Chandigarh.
2. The Director Public Instructions (Colleges), Department of Higher Education Deluxe Building, U.T., Sector 9, Chandigarh.
3. The Administrator, U.T., Chandigarh.
4. The Principal, Govt. College of Education, Sector 20-D, Chandigarh.
RESPONDENTS
BY ADVOCATE: SHRI ARVIND MOUDGIL FOR CHD ADMN.
...
xx)OA No.758-CH-2010:
Shivani Gupta W/o Amrinder Singh, H.No.2738/Top Floor Sector 38-C, Chandigarh.
APPLICANT
BY ADVOCATE: MS. RITAM AGGARWAL.
VERSUS
1. Chandigarh Administration through the Secretary Education, Union Territory, Chandigarh.
2. The Director Higher Education, Chandigarh Administration, U.T. Chandigarh.
RESPONDENTS
BY ADVOCATE: SHRI K.K.THAKUR FOR CHD ADMN.
....
ORDER
HONBLE MR. JUSTICE S.D.ANAND, MEMBER(J):-
The hollowed, and frequently announced, commitment of the quarters concerned to the cause of education and sloganized rooftop pronouncements qua adherence to the welfare of teachers notwithstanding, the factual scenario emerging from the pleadings, and also the presentation made in the course of hearing makes a woeful reading. In penning these observations, we are solely actuated by whatever surfaced at the hearing.
2. Inexplicably obviously, each item under consideration in these O.As has already been adjudicated upon by the competent courts/ Tribunal but that too (adjudication) has not downed / diluted the ordeal of the category of intellectuals whom we often describe as the builders of future leaders of the nation.
3. Enough expression of agonizing exasperation at the prevalent state of affairs.
4. The commonness of points for adjudication in all these O.As persuades us to undertake the adjudicatory exercise for a joint disposal. The variation, here or there, of facts of inconsequential character would not make any difference to the ultimate finding by this Tribunal. We would extract facts from OA No. 33-CH of 2011, titled Vandana Jain & others vs. Union of India & others.
5. There are as many as 14 applicants therein. The medimix of duration of their employment, the subjects they are teaching and their locational placement as lecturers would be evident from the detailed information furnished in the course of documentation, Annexure A-1. It is otherwise beyond the pale of controversy that all the applicants (in all these O.As) are functioning in colleges under the administrative control of the Union Territory Administration.
6. The applicants were engaged as lecturers, on contractual basis, with a clear indication of the duration of engagement. They would be laid off every eight months. The salary for the vacation duration would be denied to them and most of them would come in during the next financial year as well but after undergoing another exercise of interview for which purpose applications would be invited by the Coordinator for purpose of employment and subsequent deployment in the Government Arts & Science Colleges in the Union Territory of Chandigarh.
7. The applicants have applied for the grant of the following items of relief:-
I)Directions may be issued to the respondents not to replace the applicants by contractual appointees and to continue them in service till the posts are filled in on regular basis or till the need is there and to pay salary for vacations.
II)Directions may also be issued to the respondents to prepare a combined seniority list of contractual appointees subjectwise & to follow the principle of first come last go in case of necessity and to follow other direction issued by this Honble Tribunal in OA No.126/CH/2002 titled as Krishan Kumar and others versus union territory Chandigarh and others decided on 02.12.2002 and in OA 429/CH/2003 titled as Miss. Sonika Kohli and others versus Union of India and others decided on 27.08.2003 (Annexure A-6 & A-7 respectively).
III)Declaration may also be issued to the effect that the conditions of the appointment of the applicants on fixed term 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 in on regular basis/ till need is there and they are entitled to salary for vacation period including maternity leave for female appointments wherever applicable.
IV)Any other relief deemed fit and proper in the facts and circumstances of the case may also kindly be granted in favour of the applicants.
V)Cost of the applicant may also be granted in favour of the applicants.
8. The core grievance of the applicants is that the Competent Authority has not framed a consolidated subject-wise seniority-list of contractual lecturers and, on account thereof, it is not unusual to find that the interviewing authority does not adhere to the principle of First come, last go. It was also averred that even the maternity benefits are denied to them. The applicants quoted a number of judicial pronouncements in the O.A .itself which, as per them, are supportive of the different items of relief applied for by them.
9. The Union of India did not file a counter on an averment that its impleadment, as a party respondent, is of formal character.
10. The official respondents No.2 to 6 opted to resist the averments aforementioned by filing a short reply. It was averred by them that the appointments of lecturers come to be made every year on the basis of a yearly centralized review to determine the annual intake. In the context of the grievance about the non-maintaining of a combined subject-wise seniority list, the stance averred is as under:-
There cannot be a combined seniority list, subject wise, as such intake at best is on year to year basis only. The fact that a lecturer in a particular subject may be re-appointed year after year is more dependent on the continuing demand for a given subject rather than inter se merit of these lecturers. Combined seniority in such scenario will not only be impractical but also unfair to lecturers who may be discontinued due to lack of student strength. The only feasible and practical method is to make appointments strictly on year to year basis and relieving all of them at the end of the academic session.
11. Qua the raising of funds for payment to the contractual lecturers, the respondents averred as under:
5. That the additional vacancies that are created to appoint contractual Lecturers are drawing monthly emoluments from the various funds such as Students Pupil Fund/ Subject Fund/ Amalgamated Fund which are available at the level of each College. The monthly emoluments payable to each contractual Lecturer is approx. Rs.25,900/-. The total advertised contractual vacancies for the session 2010-2011 are 289. Therefore the total emoluments payable to these 289 contractual Lecturers comes to a staggering amount of approx. Rs.75 lacs per month. This vast amount is drawn from the Amalgamated Funds etc. as mentioned above. Such Funds cannot be frittered away indiscriminately amongst contractual Lecturers even when it is not certain that they will be required for the next session or not. The academic session begins in the month of August and continues till 31st March of the subsequent year. Therefore no classes are held from April to July each year. In such circumstances continuing more than 280 contractual Lecturers for these 4 months will mean that a sum of approximately Rs.75 lacs multiplied by 4 i.e. equal to Rs. 3 crores will be payable tot hem even when they are performing no work. The above mentioned funds are meant for the betterment of the students and the College concerned and cannot be thrown away in such manner. The purpose of appointing such contractual Lecturers is to benefit the students and not to provide a source of continuing employment to such Lecturers.
12. In the counter itself, the respondents relied upon the following judgments:-
i)OA No.138-CH of 2009, Pushpa Chauhan I another vs. UOI; &
ii)OA No.195-CH of 2009, titled Dr.Pooja Chopra vs. UOI.
in support of the stance validating the appointments of contractual lecturers.
13. In the course of the hearing, the learned counsel appearing on behalf of the official respondents informed us that the administration is indeed making sincere efforts to get 212 posts of Lecturers sanctioned. Reliance, in support of the averment made, was placed on certain documentation which too was presented by the learned standing counsel. While taking that documentation on record, we required the official respondents (Union of India in this case) to have authentic information about the present status in the relevant behalf. We noticed, in the relevant interim order dated 17.3. 2011, that The obtaining of that information may have a relevant bearing upon the validity or otherwise of the respective stances adopted by the parties.
14. On the adjourned date, the learned counsel who appeared on behalf of learned Senior Central Govt. Standing Counsel informed the Bench that he did his best to obtain an authenticated status report in the relevant behalf, but his efforts got aborted in as much as each officer he called up, informed that he is not dealing with the relevant matter. He, however, assured that he will obtain the relevant information in a day or two.
15. On the adjourned date (21.3.2011), the learned Senior Central Govt. Standing Counsel entered appearance and indicated that his efforts to obtain the relevant information had also proved abortive in view of the fact that he got into telephonic touch with as many as five officers and each one of them passed on the buck to another. He also gave the names of the officers contacted, alongwith their respective telephone numbers, which are extracted hereunder:-
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011-23386561 : O/o Ms. Pratibha, Director
-23388250 :
011-23381721 : Mr.Y.P.Mittal 011-23381096 : Mr.S.C.Khuntia, Jt. Secretaqry 011-23384845 : Mr.R.P.Sirsodia 011-23381695 : Mr.H.R.Joshi, Director
-23381264
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16. The learned Senior Standing Counsel further informed that he had also forwarded a letter in the relevant behalf to the officer indicated last in the above enumeration. He further informed that he had not received any response from any of those officers.
17. It was in the context of that state of helplessness (qua the want of proper quarters and also the want of response)that the learned counsel for UT informed that the relevant communication for sanction of the post had been addressed to Mr. H.R.Joshi, Director. In the light of that presentation, we adjourned the proceedings and afforded yet another opportunity to the learned Senior Standing Counsel to obtain the relevant information. While adjourning the case, we made it clear that in case the relevant information does not come about, we shall proceed to dispose of the matter on As is Where is basis.
18. On the adjourned date, the learned Senior Standing Counsel requested for the grant of yet another adjournment to be able to obtain the relevant information. We proceeded to hear the arguments and reserve orders. We, however, made it clear that the respondents shall have further two days time to obtain and provide the relevant information to the Registry. It was made clear that if the relevant information does not come about by the adjourned date, we will proceed to pronounce the orders. The Registry has made a report that no information has been filed in the Registry within the duration aforementioned.
19. We must, before proceeding further, notice that hearing in these matters was expedited on the own request of the learned counsel for the parties who, in view of the time-bound nature of appointments, desired an earlier adjudication.
20. We have heard S/Shri R.K.Sharma & D.R.Sharma who appeared on behalf of their respective applicants. The learned counsel (Ms. Ritam Aggarwal, S/Shri J.S.Sethi, A.K.Bura, Naresh Jain and Arvind Rajotia, who represented the other applicants, adopted the presentation made by the learned counsel aforementioned), and Shri Deepak Agnihotri, learned Senior Central Govt. Standing Counsel for Union of India and S/Shri Arvind Moudgil, Aseem Rai and K.K.Thakur, learned counsel for the Chandigarh Administration, and given our anxious thought to the points under adjudication.
21. As observed in an earlier part of this judgment, we find that each item of grievance indicated by the applicants has been found to be covered by one judicial pronouncement or the other. In that view of things, we would proceed to deal with the grievances of the applicants item-wise and also indicate the judicial pronouncement(s) supportive thereof.
22. One of the grievances, strenuously canvassed on behalf of the applicants, is that the duration of their contractual appointment is purposely restricted to 8 months period, just in order to disable them from raising a plea for regularization and also to deny to them the salary for the vacation period.
23. The resistance offered on behalf of the respondents to the above item of grievance was that the contractual lecturers are paid out of the amalgamated found, raised from the students and any payment from out of that fund to the contractual lecturers for the 4 months duration (when no teaching is being undertaken) would amount to frittering away precious funds belonging to the students. It was also argued that the contractual lecturers cannot validly raise a plea for their regularization, even if they were to be held entitled to continuity of service for the whole year.
24. Though it is beyond the pale of controversy that the contractual lecturers (applicants in these OAs) came to be selected by a validly constituted Committee, in pursuance to a Public Appointments Notice and further that all of them qualify for appointments as lecturers in terms of the guidelines issued by the UGC, we are of the considered opinion that contractual lecturers would not be, on point of fact, entitled to raise a plea for compulsive regularization just because of the (inferred for the sake of arguments) continuity of service for the whole year. The reasoning therefor is as simple as that. Entry into public service has to be necessarily on the basis of availability of fair and equal opportunity to all. There might well be candidates desirous of full-time appointment to the public service (lecturers in this case). They may not be inclined to opt for an appointment of contractual character. Every candidate, desirous of joining public service, would take into consideration the announced terms and conditions of appointment including the nature and duration thereof. Those not inclined to go in for a contractual appointment, might readily opt for consideration in case the character of the appointment is indicated to be regular. If contractual lecturers are held entitled to compulsive regularization, it would be unfair, discriminatory and violative of he principles of fair play and equal opportunity for all.
25. At the same time, we reiterate that contractual lecturers cannot be replaced by contractual lecturers. This reaffirmation is in respectful accord with the view obtained by the learned Coordinate Benches of this Tribunal. Those two judicial pronouncements are reported as KRISHAN KUMAR VS. U.T. CHANDIGARH : 2004(3) CAT CHANDIGARH BENCH, 229 and GURINDERBIR SINGH & OTHERS VS. UNION TERRITORY, CHANDIGARH & ANOTHER, O.A. No.549-CH of 1997, decided alongwith the connected cases on 2.7.1998. In the latter judgment, the learned Coordinate Bench had relied upon certain observations made by a Division Bench of the Punjab & Haryana High Court in ANIL KUMAR & OTHERS VS. STATE OF HARYANA & OTHERS. Those observations are extracted hereunder:-
The element of continuity of teacher-taught relation is extremely important. Long association between the teachers and the students not only inculcate a sense of discipline in the institution but also enhances the quality of education. By engaging teachers for 89 days period and that too on contract basis, the government has introduced an element of uncertainty in the minds of those who are given such appointment and it is quite reasonable to take the view that such appointees cannot serve the purpose of providing effective education to the students. This may ultimately affect the future generation of the country and it may not be possible to repair the damage caused to the system of education. We would, accordingly, reiterate that contractual lecturers cannot be replaced by contractual lecturers and they shall make way for appointees of regular character.
26. We would, then, proceed to take up the grievance of the applicants qua denial of salary for the vacation period. The denial of salary for the vacation period to the contractual lecturers (for whatever reasons) is invalid in view of the law laid down by a learned Coordinate Bench of this Tribunal in KRISHAN KUMAR VS. UNION TERRITORY OF CHANDIGARH : 2004(3) (CAT) 229. This view (though in another matter) came to be affirmed by the Summit Court in CHANDIGARH ADMINISTRATION TH. JT. SECY. EDUCATION VS. MEENAKSHI WALIA & ANR. (Petitions for Special Leave to Appeal (Civil) No.15478/1999 in the judgment and order dated 20.8.1999 in WP 11669/99 of the High court of Punjab &Haryana at Chandigarh). In obtaining that view, the Apex Court reiterated the view earlier taken by it in RATTAN LAL & OTHERS VS. STATE OF HARYANA : AIR 1987 SC 478 as being violative of Articles 14 and 16 of the Constitution of India. The relevant part of the observations made by the Apex Court, is extracted hereunder:-
The denial of vacation salary to the lecturers is in our view, certainly contrary to the judgment of this Court in Rattanlal & Ors. Vs. State of Haryana, reported in AIR 1987 SC 478 as being violative of Articles 14 and 16 of the Constitution of India The judgment of the tribunal in the main Original Application dated 16.1.98, it will be noticed, not only speaks of continuance of these lecturers till regular appointment are made but also speaks of their salary being paid till regular appointments are made. The second part of the order which deals with payment of salary has been construed by the tribunal, when it was dealing with the contempt case as meaning that salary was to be paid even during vacation.
27. The learned counsel, appearing on behalf of the respondents, were not in a position to indicate any later or Larger Bench ruling of the Apex Court taking a view at variance with the view obtained in CHANDIGARH ADMINISTRATION TH. JT. SECY. EDUCATION VS. MEENAKSHI WALIA & ANR (supra) and RATTAN LAL & OTHERS VS. STATE OF HARYANA (supra). We, thus, have no reservations in holding that the applicants/ contractual lecturers would be entitled to the vacation salary as well.
28. Yet another item of grievance, argued on behalf of the applicants was that in the absence of a combined seniority list of contractual lecturers, the competent authority has been adopting a pick & choose policy and that there are instances wherein a contractual lecturer of larger standing is denied appointment in favour of a less experienced fresher. The preparation of a combined seniority list of the contractual lecturers, it was canvassed, shall disable the competent authority from venturing favouritism with impunity.
29. The plea was resisted on behalf of the respondents who argued that preparation of a combined seniority list would not be a feasible proposition in view of the fact that the subject-wise requirement (of contractual lecturers in a particular academic year) would vary from year to year and would be solely dependent upon the intake of students opting for a particular subject.
30. We have not been able to persuade ourselves to agree with the line of reasoning argued to resist the drawing up of a combined seniority list of contractual lecturers. The preparation of the list, by the very nature of things, is relatable to the standing of each incumbent. The preparation of the list has absolutely nothing, at all, to do with the intake of students for a particular subject. The intake of students for a particular subject shall obviously, have a relevant bearing on the number of contractual appointees for that particular subject. At the same time, it cannot have any relatability to the drawing up of a combined seniority list. It is to state the obvious that the drawing up of a combined seniority list would be in accord with the principles of justice and fair play and would enable the competent authority avoid a charge (factually valid or invalid) of discrimination or favouritism. In fact, it would be in the own interest of the competent authority to undertake that exercise, and thereby inspire the confidence of the appointees of that educational segment. While, thus, holding that the plea of non-feasibility is misconceived, we would direct the competent authority to prepare a combined (subject-wise) senioritylist of the contractual lecturers.
31. It is to state the obvious that the preparation of a combined (subject-wise) seniority list of contractual lecturers notwithstanding, the yearly (subjectwise) intake shall have to be compulsively need-based. The number of contractual lecturers engaged would depend upon the number of students opting for a particular subject.
32. That, then, brings to the fore the claim raised by the applicant for the replacement of the consolidated salary by the minimum of the scale of pay.
33. Law, in the context, was authoritatively laid down by a Division Bench o the Punjab & Haryana High Court in UNION TERRITORY CHANDIGARH & ANOTHER VS. THE CENTRAL ADMINISTRATIVE TRIBUNAL & OTHERS : (Writ Petition No.16225-CAT of 1998, decided on 22.1.2001). That was a case in which the contractual lecturers had been appointed on a fixed salary of Rs.3,500/- per month. The tenure of their contractual engagement was extended from time to time. The appointments had been made by a duly constituted Selection Committee in pursuance of an advertisement issued by the Director, Technical Education, Union Territory of Chandigarh in the year 1995 and 1997. The appointees made repeated representations to the concerned authorities for payment of salary in the regular pay scale but those representations did not evoke any response whatsoever. The O.A. was resisted by the official respondents by raising a plea that the contractual lecturers were estopped from challenging the terms and conditions indicated in their letters of appointment and further that the nature of duties performed by them was not at par with the regular lecturers.
34. The learned Coordinate Bench of this Tribunal in announcing allowance of the claim raised therein, had recorded the following conclusion:-
In the light of what we have observed above, we allow the three OAs and hold that the conditions incorporated in the appointment letters of the applicants limiting their appointments upto 31st July, 98 are illegal, unconstitutional and are accordingly struck down as such. Likewise, the condition of their being paid consolidated salary is also declared ultra vires of articles 14, 16 and 39(d) of the Constitution of India. Respondents are accordingly directed to allow the applicants to continue in service till the availability of the regularly selected candidates appointed in terms of statutory rules. However, it is made clear that the services of the applicants can be terminated/ discontinued on the ground of unsuitability or unsatisfactory performance or misconduct. The respondents can also dispense with the services of the applicants in accordance with the rules on the principle of last come first go if the need is not there. The aforesaid directions will relate to the department/ subject where sanctioned posts are available. However, the departments like Communication and Electronics where the respondents allege that no regular sanctioned posts are available, the incumbents appointed in the said departments will be allowed to continue till the need exist and they will be paid the same pay and allowances as have been directed to be paid to the incumbents in the departments where there are sanctioned posts. They will also be not replaced by similarly placed persons. As and when regular posts are sanctioned, these will also be filled in accordance with the rules and in case the applicants apply for such posts, they will be considered for the same as per their eligibility and suitability. The respondents are also directed to pay the applicants salary in the regular pay scale from the date of their appointment/ engagement. However, the applicants who have left the service would be paid the salary in the regular pay scale from the date of their appointment/ engagement till they remained in service.
35. The Tribunal had further observed, in the context, that the official respondents had not placed on file any material to controvert the following facts:-
a)that the non-official respondents possess the qualifications prescribed under the central Polytechnic, Chandigarh (Group B Posts) Recruitment Rules, 1995 and Government Polytechnic for Women (Group B Posts) Recruitment Rules, 1995 for appointment as Lecturer;
b)that there are regular vacancies in Government Polytechnic for Women, Sector 10, Chandigarh;
c)that the non-official respondents were appointed as Lecturers on contract basis between 1995 and 1997 after considering the candidature of all those who fell in the zone of consideration and the tenure of their contractual engagement is being extended from time to time;
d)that the duties performed by the non-official respondents are quantitatively similar to those performed by regular appointees.
36. The finding recorded by the Tribunal came to be challenged in judicial review.
37. On appreciation of the facts in entirety, the Division Bench declined interference and held as under:-
The other ground on which the petitioner have challenged the Tribunals order is that the modes of recruitment of regular Lecturers and contract appointees are different and, therefore, the employees of the latter category are not entitled to get the benefit of doctrine of equal pay for equal work. In our opinion, the made and manner of recruitment may have bearing on the right of the employees to hold the post and their conditions of service, like confirmation, seniority, promotion, but the same is not determinative of their right to be paid salary in the particular pay scale and in any case, this has no relevance in the contest of the doctrine of equal pay for equal work.
38. In the present case too:-
(i) There is no controversy that the applicants are qualified as per the norms and guidelines issued by the UGC for appointments as Lecturers;
(ii)It is also apparent from the record that the applications for appointment had been invited by the Director Technical Education and the selections had been made by a duly constituted Selection Committee; and
iii)A presentation was made by the Union Territory Administration in the course of hearing that a proposal for sanction of 212 posts of lecturers (additional vacancies) had been forwarded to the concerned authorities in the Government of India. It was acommon ground that besides these additional vacancies, 370 posts of lecturers are already sanctioned in the Union Territory of Chandigarh.
39. As noticed, in an earlier part of the judgment, we required the learned Senior Standing Counsel appearing on behalf of Union of India to find out the exact status of the plea forwarded by the Union Territory to the Government of India for sanction of 212 additional posts of lecturers. In spite of grant of adequate opportunity, the learned counsel was not in a position to obtain that information from the Government of India. We would have expected the learned Senior Standing Counsel to obtain the relevant information particularly in view of the identification of the addressed quarters as noticed in the course of interim order dated 21.3.2011. For clarity, it may be indicated that it was on that date that the learned Senior Standing Counsel appearing on behalf of Union of India informed that he had contacted as many as five different officers, at different hierarchical placements with the Government of India, but his efforts at obtaining the relevant information proved abortive as each one of them (i.e. the officers contacted) passed on the buck to the other. He also informed the Bench that, faced with that situation, he had addressed a letter as well in the relevant behalf to Shri H.R.Joshi, an officer of the rank of a Director. It was in the context of that factual averment that the learned Standing Counsel for the Union Territory Administration informed the Bench that the relevant communication (for the creation of 212 additional vacancies) had, in fact, been addressed to Shri H.R.Joshi, Director.
40. It was then that we heard arguments and reserved the cases for orders; while announcing that the relevant information may be obtained by the learned Senior Standing Counsel and furnished in the Registry within a time-bound frame. No such status report came to be filed in the Registry by and on the indicated date. We have waited for the relevant information even thereafter and are into the pronouncement today only.
41. It is further to state the obvious that the Union Territory Administration must have made the reference for creation of additional vacancies after having made the need-based assessment for the requirement. The refrain on the part of the Union of India in forwarding the status report, in the context of the request made by the Union Territory Administration, is not understandable. We would not say anything further except that the facts available during the course of adjudication indicate that the Union Territory administration has found need-based justification for forwarding of a request for creation of 212 additional number of posts of lecturers.
42. In the totality of the facts noticed in the preceding para, appreciated in the light of the law laid down by a Division Bench of Punjab & Haryana High Court in the case titled UNION TERRITORY, CHANDIGARH & ANOTHER VS. THE CENTRAL ADMINISTRATIVE TRIBUNAL & OTHERS (supra), we hold that the contractual lecturers shall be entitled to the minimum of the pay scale of the post plus Dearness Allowance, admissible from time to time.
43. The grievance raised by the applicants, for the grant of maternity benefit is the next item requiring consideration. The grievance is fully allowable in view of the law laid down by a learned Division Bench of this Tribunal in SONIKA KOHLI & ANOTHER VS. UNION OF INDIA & OTHERS : 2004(3) AI SLJ (CAT) 54. That decision by the Tribunal was based upon the Apex Court pronouncement in RATTAN LAL & OTHERS VS. STATE OF HARYANA & OTHERS : 1985(3) SLR 548. The following observations made by the Apex Court therein are extracted hereunder:-
3. We strongly deprecate the policy of the State Government under which ad hoc teachers are denied the salary and allowances for the period of the summer vacation by resorting to the fictional breaks of the type referred to above. These ad hoc teachers shall be paid salary and allowances for the period summer vacation as long as they hold the office under this order. Those who are entitled to maternity or medical leave, shall also be granted such leave in accordance with the rules. (underlining to indicate relatability to the view obtained)
44. In MUNICIPAL CORPORATION OF DELHI VS. FEMAL WORKERS (MUSTER ROLL) & ANOTHER : 2000(2) RSJ 131, the Apex Court had to consider the validity or otherwise of a plea raised by the Muster role Family workers for the grant of maternity leave which was available only to the regular family workers. After an elaborate discussion of the relevant legal provisions and also the social and human aspects, the Apex Court allowed the claim of family workers (muster roll) at par with family workers.
45. In the case of RAJ BALA VS. STATE OF HARYANA & OTHERS : 2002(3) RSJ 43 a Division Bench of Punjab & Haryana High Court had the occasion to consider the claim made by the contractual employees (mistresses, teachers and lecturers etc.) for the grant of maternity benefit. Their claim was resisted by the State government on a plea that they were not entitled to the grant of maternity leave as their appointments were of contractual character. That contention was rejected by the High Court by relying upon the view obtained by the Apex Court in the case of Rattan Lal & others vs. State of Haryana & others (supra). In that decision, it was held that there was hardly any distinction between an adhoc employee and a contractual employee inasmuch as both were engaged for a definite term and they performed the same duties and functions. In that case, the State had placed reliance upon a decision in the case of SANTOSH MALIK VS. STATE OF HARYAN : 2000 (2) RSJ 765 in which it was held that maternity leave was not permissible to the part-time employees.
46. It is apparent from a perusal of the relevant judicial pronouncements that the decision rendered by the Apex Court in Rattan Lals case and from Municipal Corporation of Delhi case had not been considered in Santokh Maliks case (supra). In that view of things, reliance was not placed on the decision in Santosh Maliks case (supra)
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;
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 go in 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.
48. Before concluding, we must indicate our deep sense of dismay at the fact that in spite of each item of grievance raised by the applicants having been covered by the judicial pronouncements at the competent level, the concerned authorities did not grant relief to them. In fact, we are reluctant to use the expression grant of relief inasmuch as it may not misunderstood to connote an act of charity or indulgence and may, thus, be a misnomer in the context, particularly because the law laid down by the Courts/ Tribunals ordains compulsive compliance. That is the Majesty of Law. Any non-conformist view violates the foundational premise of the Constitution of India.
49. The inability (for whatever reason) on the part of the learned Senior Standing Counsel in obtaining the status report (in the context of the request for sanction of 212 additional vacancies of Lecturers) notwithstanding, we trust that the U.T. Administration would (in its own discretion as well) pursue the matter with the Government of India, for the purpose of getting it expedited.
50. These OAs shall stand allowed accordingly in the light of the observations and to the extent indicated in the course of Para 47 of this judgment.
51. A copy of the judgment shall be placed upon the files of all connected cases.
(JUSTICE S.D.ANAND) MEMBER(J) (KHUSHIRAM) MEMBER(A) Dated: March 31 , 2011 `bss 2 (OA No. 33-CH-2011 & connected cases)