Central Administrative Tribunal - Chandigarh
Anita Gupta vs Technical Education,U.T. on 21 March, 2023
1 (OA No. 060/600/2021 & Ors.)
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
Reserved on: 03.02.2023
Pronounced on: 21.03.2023
HON'BLE SH. RAMESH SINGH THAKUR MEMBER (J)
HON'BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)
(1) O.A. No.060/600/2021
MA. No. 783/2022
1. Dr. Abha Sudarshan w/o Sh. Ravinder
Lakhanpal, aged 57 years, r/o House No. 75,
Sector-8, Panchkula.
2. Monika Vij Sikka w/o Sh. Rakesh Sikka, aged 57
years, r/o House No. 5598, Sector 38 West,
Chandigarh.
3. Prof. (Dr.) Anita Kaushal w/o Sh. Sarvesh
Kaushal, aged 57 years, r/o House No. 290,
Sector 16, Chandigarh.
4. Prof. Nisha Aggarwal w/o Dr. Anil Garg, aged 57
years, r/o House No. 1305, Sector 21,
Panchkula.
.........Applicants
(By Advocate : Sh. D.S. Patwalia, Sr. Advocate with
Sh. Salil Sablok, Ms. Sehar Navjeet Singh Sidhu)
VERSUS
1. Union of India through Secretary, Ministry of
Human Resources Development, Department of
Higher Education, Government of India, New
Delhi-110001.
2. Chandigarh Administration (Union Territory)
through its Advisor to the Administrator, UT
Secretariat, Sector 9, Chandigarh-160009.
2 (OA No. 060/600/2021 & Ors.)
3. Education Secretary, Chandigarh Administration
(Union Territory), UT Secretariat, Sector 9,
Chandigarh-160009.
...Respondents
(BY ADVOCATE: Sh.Anil Mehta, Sr. Standing counsel,
U.T. Chandigarh with Sh. Mayank Sharma, Sh.
Pradeep Sharma, Sh. Arvind Moudgil, Sh. Sanjay
Goyal for UOI and Sh. K.B. Sharma in MA No.
783/2022)
(2) O.A. No.060/889/2021
Purnima Bhandari, Former Associate Professor, wie of
Shri B.M. Bhandari, Age 61 years, resident of H. No.
3343, Sector 15-D, Chandigarh.
.........Applicant
(By Advocate : None)
VERSUS
1. Union of India through Secretary, Ministry of
Human Resources Development, Department of
Higher Education, Government of India, New Delhi-
110001.
2. The Secretary to Government of India, Ministry of
Home Affairs, Central Secretariat, North Block,
New Delhi-110001.
3. All India Council of Technical Education (AICTE)
through its Chairman, Nelson Mandela Marg,
Vasant Kunj, New Delhi-110070.
4. Chandigarh Administration (Union Territory)
through its Advisor to the Administrator, UT
Secretariat, Sector 9, Chandigarh-160009.
5. Chandigarh Administration (Union Territory),
through the Secretary, Department of Technical
Education, UT, Secretariat, Sector -9, Chandigarh-
160009.
6. The Principal, Government College of Arts, Sector -
10, Chandigarh.
3 (OA No. 060/600/2021 & Ors.)
...Respondents
(BY ADVOCATE: Sh. Anil Mehta, Sr. Standing counsel
U.T. Chandigarh with Sh. Mayank Sharma, Sh.
Pradeep Sharma, Sh. Arvind Moudgil and Sh. A.K.
Sharma)
(3) O.A. No.060/410/2022
Amrit Rani, aged 59 ½ years, W/o Sh. Rakesh
Kumar, Librarian (Retired) (Group ‗A'), Divisional
Library (South), Sector 34, R/o House No. 658/1,
Sector 38-A, Chandigarh-160038.
.........Applicant
(By Advocate : Sh. J.R. Syal)
VERSUS
1. Union of India through Secretary, Ministry of Human
Resources Development (now Ministry of
Education), Department of Higher Education,
Shastri Bhawan, New Delhi.
2. The Secretary to Government of India, Ministry of
Home Affairs, Central Secretariat, North Block, New
Delhi-110001.
3. Union Territory, Chandigarh through its Advisor to
the Administrator, Sector 9, Chandigarh-160009.
4. Education Secretary, Union Territory, Chandigarh
Administration, UT Secretariat, Sector 9,
Chandigarh-160017.
5. Director, Higher Education, U.T. Chandigarh,
Additional Deluxe Building, Sector-9, Chandigarh-
160009.
6. University Grants Commission through its
Secretary, Bahadur Shah Zaffar Marg, New Delhi-
110002.
7. Principal, Post Graduate Government College,
Sector 11, Chandigarh.
...Respondents
4 (OA No. 060/600/2021 & Ors.)
(BY ADVOCATE: Sh. Anil Mehta, Sr. Standing
Counsel, U.T. Chandigarh with Sh. Mayank Sharma,
Sh. Pradeep Sharma, Sh. Arvind Moudgil and Sh.
K.K. Thakur)
(4) O.A. No.060/1441/2021
Jatinder Sohi, Aged 63 years, w/o Sardar Gurdeep
Singh Sohi, Associate Professor (Retd.), Govt. Home
Science College, Sector-10, Chandigarh, R/o House
No. 4114, Sector-68, Mohali.
.........Applicant
(By Advocate : Sh. Raj Kumar Sharma)
VERSUS
1. Union of India through Secretary, Ministry of Human
Resources Development (now Ministry of
Education), Department of Higher Education,
Shastri Bhawan, New Delhi-110001.
2. The Secretary to Government of India, Ministry of
Home Affairs, Central Secretariat, North Block, New
Delhi-110001.
3. Union Territory, Chandigarh through Advisor to
Administrator, Sector 9, Chandigarh-160009.
4. Education Secretary, Union Territory, Chandigarh
Administration, UT Secretariat, Sector 9,
Chandigarh-160017.
5. Director, Higher Education, U.T. Chandigarh,
Additional Deluxe Building, Sector-9, Chandigarh-
160009.
6. University Grants Commission through its
Secretary, Bahadur Shah Zaffar Marg, New Delhi-
110002.
7. Principal, Government Home Science College,
Sector 10, Chandigarh-160010.
...Respondents
5 (OA No. 060/600/2021 & Ors.)
(BY ADVOCATE: Sh. Anil Mehta, Sr. Standing
Counsel, U.T. Chandigarh with Sh. Mayank Sharma,
Sh. Pradeep Sharma, Sh. Vinod K. Arya and Sh. K.K.
Thakur)
(5) O.A. No.060/445/2022
Vandana Aggarwal, Former Associate Professor, wife
of Shri Ashok Kumar Aggarwal, Age 59 years,
resident of H. No. 3074, Sector 38-D, Chandigarh.
.........Applicant
(By Advocate : None)
VERSUS
1. Union of India through Secretary, Ministry of Human
Resources Development, Department of Higher
Education, Government of India, New Delhi-110001.
2. The Secretary to Government of India, Ministry of
Home Affairs, Central Secretariat, North Block, New
Delhi-110001.
3. Chandigarh Administration (Union Territory)
through its Advisor to the Administrator, UT
Secretariat, Sector 9, Chandigarh-160009.
4. Education Secretary, Union Territory, Chandigarh
Administration, UT Secretariat, Sector 9,
Chandigarh-160017.
5. Director, Higher Education, U.T. Chandigarh,
Additional Deluxe Building, Sector-9, Chandigarh-
160009.
6. University Grants Commission through its
Secretary, Bahadur Shah Zaffar Marg, New Delhi-
110002.
7. Principal, Government College of Education, Sector-
20, Chandigarh.
...Respondents
(BY ADVOCATE: Sh. Sanjay Goyal, Sh. Anil Mehta,
Sr. Standing Counsel, U.T. Chandigarh with Sh.
Mayank Sharma, Sh. Pradeep Sharma, Sh. Arvind
Moudgil)
6 (OA No. 060/600/2021 & Ors.)
(6) O.A. No.060/760/2021
1. Anju Chopra, aged 59 years, w/o Sh. J.M. Trikha,
Associate Professor, Post Graduate Govt. College
for Girls, Sector-42, Chandigarh (retired), R/o
House No. 2049/1, Sector-47 C, Chandigarh-
160047.
2. Rama Arora, aged 59 years, w/o Sh. Manjit Singh,
Principal, Post Graduate Govt. College, Sector-11,
Chandigarh (retired0, R/o House No. E 401, JLPL,
Falcon View, Sector-66A, Mohali-140308.
3. Anuradha Mittal, aged 60 years, W/o Sh. Prem
Singh Mittal, Associate Professor, Post Graduate
Govt. College, Sector-11, Chandigarh (retired), R/o
House No. 1317, Sector-21, Panchkula-134112.
4. Dr. Binu Dogra, aged 59 years, w/o Sh. Raman
Sharma, Principal (ad hoc), Post Graduate Govt.
College for Girls, Sector-42, Chandigarh, R/o
House No. 1095, Sector-11, Panchkula-134109.
.........Applicants
(By Advocate : Sh. R.K. Sharma)
VERSUS
1. Union of India through Secretary, Ministry of Human
Resources Development (now Ministry of
Education), Department of Higher Education,
Shastri Bhawan, New Delhi-110001.
2. The Secretary to Government of India, Ministry of
Home Affairs, Central Secretariat, North Block, New
Delhi-110001.
3. Union Territory, Chandigarh through Advisor to
Administrator, Sector 9, Chandigarh-160009.
4. Education Secretary, Union Territory, Chandigarh
Administration, UT Secretariat, Sector 9,
Chandigarh-160017.
5. Director, Higher Education, U.T. Chandigarh,
Additional Deluxe Building, Sector-9, Chandigarh-
160009.
7 (OA No. 060/600/2021 & Ors.)
6. University Grants Commission through its
Secretary, Bahadur Shah Zaffar Marg, New Delhi-
110002.
7. Principal, Post Graduate Government College for
Girls, Sector 42, Chandigarh-160042.
8. Principal, Post Graduate Government College,
Sector 11, Chandigarh-160011.
...Respondents
(BY ADVOCATE: Sh. Anil Mehta, Sr. Standing
Counsel, U.T. Chandigarh with Sh. Mayank Sharma,
Sh. Pradeep Sharma, Sh. Arvind Moudgil, Sh. Vinod
K. Arya)
(7) O.A. No.060/341/2021
Anita Gupta wife of Raj Kumar Garg, Aged 60 years,
Associate Professor (retd.), Government College of
Art, Sector 10, Chandigarh, resident of H. No. 1207,
Sector 44 B, Chandigarh-160043.
.........Applicant
(By Advocate : None)
VERSUS
1. Union of India through Secretary, Ministry of Human
Resources Development, Department of Higher
Education, Government of India, New Delhi-110001.
2. Union of India through Secretary, Ministry of Home
Affairs, Government of India, New Delhi-110001.
3. All India Council for Technical Education (AICTE)
through its Chairman, Nelson Mandela Marg, Vasant
Kunj, New Delhi-110070.
4. The Chandigarh Administration (Union Territory)
through its Advisor to the Administrator, UT
Secretariat, Sector 9, Chandigarh-160009.
5. Chandigarh Administration (U.T) through the
Secretary, Department of Technical Education, U.T.
Secretariat, Sector 9, Chandigarh-160009.
8 (OA No. 060/600/2021 & Ors.)
6. The Principal, Government College of Arts, Sector
10, Chandigarh-160011.
...Respondents
(BY ADVOCATE: Sh. Sanjay Goyal, Sh. Anil Mehta,
Sr. Standing Counsel, U.T. Chandigarh with Sh.
Mayank Sharma, Sh. Pradeep Sharma, Sh. Shivam
Sharma proxy counsel for Sh. Amitabh Tewari)
(8) O.A. No.060/888/2021
Parmjit Singh, Former Associate Professor-in-Physical
Education (CAS) son of Shri Lal Singh, aged 62 years,
resident of H. No. 26, Palam Enclave, Zirakpur,
Punjab.
.........Applicant
(By Advocate : None)
VERSUS
1. Union of India through Secretary, Ministry of Human
Resources Development, Department of Higher
Education, Government of India, New Delhi-110001.
2. The Secretary to Govt. of India, Ministry of Home
Affairs, Central Secretariat, North Block, New Delhi-
110001.
3. All India Council for Technical Education (AICTE)
through its Chairman, Nelson Mandela Marg, Vasant
Kunj, New Delhi-110070.
4. The Chandigarh Administration (Union Territory)
through its Advisor to the Administrator, UT
Secretariat, Sector 9, Chandigarh-160009.
5. Chandigarh Administration (Union Territory)
through the Secretary, Department of Technical
Education, U.T. Secretariat, Sector 9, Chandigarh-
160009.
6. The Principal, Government College of Architecture,
Sector 12, Chandigarh.
9 (OA No. 060/600/2021 & Ors.)
...Respondents
(BY ADVOCATE: Sh. Anil Mehta, Sr. Standing
Counsel, U.T. Chandigarh with Sh. Mayank Sharma,
Sh. Pradeep Sharma, Sh. Rishav Sharma proxy
counsel for Sh. G.S. Toni, Sh. A.K. Sharma, Sh.
Mukesh Kaushik)
(9) O.A. No.060/890/2021
Pradeep Kumar Bhagat S/o Late Shri M.R. Bhagat,
Former Officiating Principal and Associate Professor,
Age 62 years, resident of H. No. 1601, Sector 18,
Chandigarh.
.........Applicant
(By Advocate : None)
VERSUS
1. Union of India through Secretary, Ministry of Human
Resources Development, Department of Higher
Education, Government of India, New Delhi-110001.
2. The Secretary to Government of India, Ministry of
Home Affairs, Central Secretariat, North Block, New
Delhi-110001.
3. All India Council for Technical Education (AICTE)
through its Chairman, Nelson Mandela Marg, Vasant
Kunj, New Delhi-110070.
4. Chandigarh Administration (Union Territory)
through its Advisor to the Administrator, UT
Secretariat, Sector 9, Chandigarh-160009.
5. Chandigarh Administration (Union Territory)
through the Secretary, Department of Technical
Education, U.T. Secretariat, Sector 9, Chandigarh-
160009.
6. The Principal, Government College of Architecture,
Sector 12, Chandigarh.
...Respondents
10 (OA No. 060/600/2021 & Ors.)
(BY ADVOCATE: Sh. Anil Mehta, Sr. Standing
Counsel, U.T. Chandigarh with Sh. Mayank Sharma,
Sh. Pradeep Sharma, Sh. Rishav Sharma proxy
counsel for Sh. G.S. Toni, Sh. A.K. Sharma, Sh. K.K.
Thakur)
(10) O.A. No.060/797/2021
Dr. Brahm Parkash Yadav Son of Sh. Parma Ram,
Age 61 years, Resident of Flat No. 1A, GH-6, Sector-
27, Panchkula, Haryana.
.........Applicant
(By Advocate : None)
VERSUS
1. Union of India through Secretary, Ministry of Human
Resources Development, Department of Higher
Education, Government of India, New Delhi-110001.
2. The Secretary to Government of India, Ministry of
Home Affairs, Central Secretariat, North Block, New
Delhi-110001.
3. Chandigarh Administration (Union Territory)
through its Advisor to the Administrator, UT
Secretariat, Sector 9, Chandigarh-160009.
4. Education Secretary, Chandigarh Administration
(Union Territory), U.T. Secretariat, Sector 9,
Chandigarh-160009.
5. Director Higher Education, UT Chandigarh,
Additional Deluxe Building, Sector -9, Chandigarh-
160009.
6. University Grants Commission through its
Secretary, Bahadur Shah Zaffar Marg, New Delhi-
110002.
7. Union Public Service Commission through its
Secretary, Dholpur House, Shahajahan Road, New
Delhi-110069.
...Respondents
11 (OA No. 060/600/2021 & Ors.)
(BY ADVOCATE: Sh. Anil Mehta, Sr. Standing
Counsel, U.T. Chandigarh with Sh. Mayank Sharma,
Sh. Pradeep Sharma, Sh. Arvind Moudgil, Sh.
Dheeraj Kumar Sehgal, Sh. Sanjay Goyal, Sh. B.B.
Sharma)
(11) O.A. No.060/689/2021
1. Ms. Mona Singh wife of Dr. Dinesh Kumar Sachdev,
aged 60 years, resident of H. No. 64AG, Sector
109, Mohali Hills, Mohali-140307.
2. Dr. Achla Trehan wife of Dr. Sanjay Trehan, age 60
years, resident of H. No. 223, Sector 17,
Panchkula-134109.
3. Dr. Shashi Wahi Khullar wife of Sh. Yash Pal
Khullar, age 60 years, House No. 715, Sector 9,
Panchkula, Haryana-134113.
4. Prof. Rosy Walia Joshi wife of late Shri S.K. Joshi,
age 58 years, resident of H. No. 5001/B-1, Paras
Panorama Society, Sector 126, Mohali, Punjab-
140301.
5. Ms. Deepshikha wife of Sh. Rakesh Gupta, age 59
years, resident of 1025, Sector-46 B, Chandigarh-
160047.
.........Applicants
(By Advocate : None)
VERSUS
1. Union of India through Secretary, Ministry of Human
Resources Development, Department of Higher
Education, Government of India, New Delhi-110001.
2. The Secretary to Government of India, Ministry of
Home Affairs, Central Secretariat, North Block, New
Delhi-110001.
3. Chandigarh Administration (Union Territory)
through its Advisor to the Administrator, UT
Secretariat, Sector 9, Chandigarh-160009.
4. Education Secretary, Union Territory, Chandigarh
Administration, UT Secretariat, Sector 9,
Chandigarh-160017.
12 (OA No. 060/600/2021 & Ors.)
5. Director, Higher Education, U.T. Chandigarh,
Additional Deluxe Building, Sector-9, Chandigarh-
160009.
6. University Grants Commission through its
Secretary, Bahadur Shah Zaffar Marg, New Delhi-
110002.
...Respondents
(BY ADVOCATE: Sh. Sanjay Goyal, Sh. Anil Mehta,
Sr. Standing Counsel, U.T. Chandigarh with Sh.
Mayank Sharma, Sh. Pradeep Sharma, Sh. Arvind
Moudgil)
(12) O.A. No.060/798/2021
Dr. Shashi Kant Rai Son of Sh. Harsh Deo Rai, age 62
years, House No. 5125/2, Modern Housing Complex,
Manimajra, UT, Chandigarh.
.........Applicant
(By Advocate: Sh. Samarth Sagar with Sh. Sankalp
Sagar)
VERSUS
1. Union of India through Secretary, Ministry of Human
Resources Development, Department of Higher
Education, Government of India, New Delhi-110001.
2. The Secretary to Government of India, Ministry of
Home Affairs, Central Secretariat, North Block, New
Delhi-110001.
3. Chandigarh Administration (Union Territory)
through its Advisor to the Administrator, UT
Secretariat, Sector 9, Chandigarh-160009.
4. Education Secretary, Chandigarh Administration
(Union Territory), UT Secretariat, Department of
Technical Education, U.T. Secretariat, Sector 9,
Chandigarh-160009.
5. Director Higher Education, UT Chandigarh,
Additional Deluxe Building, Sector-9, Chandigarh-
160009.
13 (OA No. 060/600/2021 & Ors.)
6. University Grants Commission through its
Secretary, Bahadur Shah Zaffar Marg, New Delhi-
110002.
...Respondents
(BY ADVOCATE: Sh. Anil Mehta, Sr. Standing
Counsel, U.T. Chandigarh with Sh. Mayank Sharma,
Sh. Pradeep Sharma, Sh. Arvind Moudgil, Sh. K.K.
Thakur)
(13) O.A. No.060/214/2022
Dr. Seepana Prakasham, aged 57 years, son of Sh.
Surya Narayana, Associate Professor of Economics,
Post Graduate Government College for Girls, Sector
11, Chandigarh, resident of House No. 276, Sector
22-A, Chandigarh.
.........Applicant
(By Advocate : Sh. Salil Sagar, Sr. Advocate with Sh.
Samarth Sagar)
VERSUS
1. Chandigarh Administration (U.T.) Chandigarh
through its Advisor to the Administrator, U.T.
Secretariat, Sector-9, Chandigarh-160009.
2. Education Secretary, Chandigarh Administration
(U.T.) Secretariat, Sector 9, Chandigarh-160009.
3. Union of India, through its Secretary, Ministry of
Human Resources Development, Department of
Higher Education, Government of India, New Delhi-
110001.
4. Post Graduate Government College for Girls, Sector
11, Chandigarh (U.T.), through its Principal.
...Respondents
(BY ADVOCATE: Sh. K.K. Thakur)
14 (OA No. 060/600/2021 & Ors.)
(14) O.A. No.060/311/2022
Harcharan Kaur, Aged 64 years W/o Sh. Jasbir Singh
Bhatia, Associate Professor (Retired), Post Graduate
Government College for Girls, Sector 42, Chandigarh,
R/o House No. 3565, Sector 35-D, Chandigarh.
.........Applicant
(By Advocate : Sh. Raj Kumar Sharma)
VERSUS
1. Union of India through Secretary, Ministry of Human
Resources Development (now Ministry of
Education), Department of Higher Education,
Shastri Bhawan, New Delhi-110001.
2. The Secretary to Government of India, Ministry of
Home Affairs, Central Secretariat, North Block, New
Delhi-110001.
3. Union Territory, Chandigarh through Advisor to
Administrator, Sector 9, Chandigarh-160009.
4. Education Secretary, Union Territory, Chandigarh
Administration, UT Secretariat, Sector 9,
Chandigarh-160017.
5. Director, Higher Education, U.T. Chandigarh,
Additional Deluxe Building, Sector-9, Chandigarh-
160009.
6. University Grants Commission through its
Secretary, Bahadur Shah Zaffar Marg, New Delhi-
110002.
7. Principal, Post Graduate Government College for
Girls, Sector 42, Chandigarh.
...Respondents
(BY ADVOCATE: Sh. Sanjay Goya, Sh. K.K. Thakur,
Sh. Anil Mehta, Sr. Standing Counsel, U.T.
Chandigarh with Sh. Mayank Sharma, Sh. Pradeep
Sharma, Sh. Arvind Moudgil)
(15) O.A. No.060/547/2021
15 (OA No. 060/600/2021 & Ors.)
Dr. Devinderjit Kaur, aged 58 years, w/o Balbir
Singh, r/o House No. 115, Fateh Niwas, Chaparchiri
Khurd, Tehsil and District SAS Nagar (Mohali).
.........Applicant
(By Advocate : Sh. Balbir Singh Sewak with Sh.
Samarth Sagar)
VERSUS
1. Union of India through its Secretary to Government,
Ministry of Human Resource Development,
Department of Higher Education, Government of
India, 127-C, Shastri Bhawan, New Delhi-110001.
2. Chandigarh Administration through its Secretary to
Administration (Union Territory), Department of
Higher Education, Deluxe Building, Sector 9,
Chadngiarh-160009.
3. Registrar, University Grants Commission, Bahadur
Shah Zafar Marg, New Delhi-110002.
...Respondents
(BY ADVOCATE: Sh. Sanjay Goyal, Sh. Anil Mehta,
Sr. Standing Counsel, U.T. Chandigarh with Sh.
Mayank Sharma, Sh. Pradeep Sharma, Sh. Arvind
Moudgil, Sh. Shiva Sharma proxy counsel for Sh.
Amitabh Tewari)
(16) O.A. No.060/805/2022
Dr. Kanwaljit Kaur Dhillon, daughter of Sh. Lal Singh,
age 65 years, resident of Flat No. 3103, Pink Rose
Society, Sector 49-D, Chandigarh.
.........Applicant
(By Advocate : Sh. D.R. Sharma)
VERSUS
16 (OA No. 060/600/2021 & Ors.)
1. Union of India through Secretary, Ministry of
Education, Department of Higher Education, Shastri
Bhawan, New Delhi-110001.
2. Chandigarh Administration through Secretary
Education, Department of Education, U.T.
Secretariat, Sector 9, Chandigarh.
3. The Director, Higher Education, Chandigarh
Administration, Sector 9, Chandigarh.
...Respondents
(BY ADVOCATE: Sh. Sanjay Goyal, Sh. K.K. Thakur,
Anil Mehta, Sr. Standing Counsel, U.T. Chandigarh
with Sh. Mayank Sharma, Sh. Pradeep Sharma, Sh.
Arvind Moudgil)
(17) O.A. No.060/1015/2021
1. Sanjiv Kaul, aged 58 years, son of Late Sh. P.N.
Kaul working as Lecturer (Officiating Incharge Civil
Engineering Department), Diploma Wing,
Chandigarh College of Engineering & Technology,
Sector 26, Chandigarh, resident of House No.
3015, SBI Society, Sector-49D, Chandigarh.
2. Upendra Kumar, aged 58 years, son of Late Sh.
Shankar Lal, working as Lecturer (Mechanical
Engineering), Diploma Wing, Chandigarh College of
Engineering & Technology, Sector 26, Chandigarh,
resident of House No. E-10, CCET Campus, Sector
26, Chandigarh.
.........Applicants
(By Advocate : Sh. S.K. Kanojia, proxy counsel for
Ms. Moushmi Mittal)
VERSUS
1. UT Chandigarh Administration through its Advisor to
the Administrator, UT Civil Secretariat, Sector 9,
Chandigarh-160009.
17 (OA No. 060/600/2021 & Ors.)
2. Secretary Technical Education, Chandigarh
Administration, Union Territory Civil Secretariat
Sector 9, Chandigarh-160009.
3. Principal, Chandigarh College of Engineering &
Technology (Diploma Wing), Sector 26, Chandigarh-
1600019.
4. All India Council for Technical Education, Nelson
Mandela Marg, Vasant Kunj, New Delhi-110070.
...Respondents
(BY ADVOCATE: Sh. K.K. Thakur, Sh. Anil Mehta, Sr.
Standing Counsel, U.T. Chandigarh with Sh. Mayank
Sharma, Sh. Pradeep Sharma, Sh. Arvind Moudgil)
(18) O.A. No.060/777/2021
Ranjjan Verma, Aged 59 years, S/o Sh. O.P. Verma,
Associate Professor (Dean College Instructions), Post
Graduate Govt. College, Sector-11, Chandigarh
(retired), R/o House No. 487, MDC-6, Panchkula,
Haryana-134109.
.........Applicant
(By Advocate : Sh. Raj Kumar Sharma)
VERSUS
1. Union of India through Secretary, Ministry of Human
Resources Development (now Ministry of
Education), Department of Higher Education,
Shastri Bhawan, New Delhi-110001.
2. The Secretary to Government of India, Ministry of
Home Affairs, Central Secretariat, North Block, New
Delhi-110001.
3. Union Territory, Chandigarh through Advisor to
Administrator, Sector 9, Chandigarh-160009.
4. Education Secretary, Union Territory, Chandigarh
Administration, UT Secretariat, Sector 9,
Chandigarh-160017.
18 (OA No. 060/600/2021 & Ors.)
5. Director, Higher Education, U.T. Chandigarh,
Additional Deluxe Building, Sector-9, Chandigarh-
160009.
6. University Grants Commission through its
Secretary, Bahadur Shah Zaffar Marg, New Delhi-
110002.
7. Principal, Post Graduate Government College,
Sector 11, Chandigarh-160011.
...Respondents
(BY ADVOCATE: Sh. Vinod K. Arya, Sh. Anil Mehta,
Sr. Standing Counsel, U.T. Chandigarh with Sh.
Mayank Sharma, Sh. Pradeep Sharma, Sh. Arvind
Moudgil, Sh. Shivam Sharma proxy counsel for Sh.
Amitabh Tewari)
(19) O.A. No.060/53/2022
Mukesh Kumari, aged 61 years, w/o Sh. Vipin Gupta,
Librarian (Retd.), Post Graduate Government College,
Sector-46, Chandigarh, R/o # 1664, Gupta Market,
Opposite Old NAC Office, Manimajra, Chandigarh-
160101.
.........Applicant
(By Advocate : Sh. K.B. Sharma proxy counsel for
Sh. Rohit Seth)
VERSUS
1. Union of India through Secretary, Ministry of Human
Resources Development (now Ministry of
Education), Department of Higher Education,
Shastri Bhawan, New Delhi-110001.
2. Union Territory, Chandigarh Administration through
its Advisor to the Administrator, UT Civil Secretariat,
Sector 9, Chandigarh-160009.
3. Education Secretary, Chandigarh Administration, 1st
Floor, Additional Deluxe Building, Sector-9, UT
Chandigarh, Pin-160009.
19 (OA No. 060/600/2021 & Ors.)
...Respondents
(BY ADVOCATE: Sh. Mukesh Kaushik, Sh. Anil Mehta,
Sr. Standing Counsel, U.T. Chandigarh with Sh.
Mayank Sharma, Sh. Pradeep Sharma, Sh. Arvind
Moudgil)
(20) O.A. No.060/471/2022
Dr. Rajiv Bhandari s/o Sh. K.L. Bhandari, aged 62
years, r/o House No. 293, Sector-7, Panchkula,
Haryana-134109 (Retd. Professor)
.........Applicant
(By Advocate : None)
VERSUS
1. Union of India through its Secretary, Ministry of
Human Resources Development (now Ministry of
Education), Department of Higher Education,
Shastri Bhawan, New Delhi-110001.
2. The Secretary to Government of India, Ministry of
Home Affairs, Central Secretariat, North Block, New
Delhi-110001.
3. UT Chandigarh through its Advisor to Administrator,
Sector 9, Chandigarh-160009.
4. Secretary Education, UT Administration, Chandigarh
Administration, UT Secretariat, Sector 9,
Chandigarh-160009.
5. Director, Higher Education, U.T. Chandigarh,
Additional Deluxe Building, Sector-9, Chandigarh-
160009.
6. University Grants Commission through its
Secretary, Bahadur Shah Zaffar Marg, New Delhi-
110002. Defence, South Block, New Delhi-110001.
7. The Principal, Post Graduate Govt. College, Sector-
11, Chandigarh-160011.
...Respondents
20 (OA No. 060/600/2021 & Ors.)
(BY ADVOCATE: Sh. K.K. Thakur, Sh. Anil Mehta, Sr.
Standing Counsel, U.T. Chandigarh with Sh. Mayank
Sharma, Sh. Pradeep Sharma, Sh. Arvind Moudgil,
Sh. Aman Bansal proxy counsel for Sh. Tarun Lehal
for UGC)
(21) O.A. No.060/673/2021
1. Sh. Surinder Kumar, son of Sh. Sain Dass, aged
about 57 years, presently posted as Associate
Professor (Geography), Postgraduate Government
College for Girls, Sector 42, Chandigarh-160036.
2. Mrs. Ranjana Sharma, Wife of Sh. M.P. Sharma,
aged about 57 years, presently posted as Associate
Professor (Botany), Government home Science
College, Sector 10, Chandigarh-160009.
.........Applicants
(By Advocate : Sh. Animesh Sharma)
VERSUS
1. Union of India through Secretary, Ministry of Human
Resources Development (now Ministry of
Education), Department of Higher Education,
Shastri Bhawan, New Delhi-110001.
2. Union of India through Secretary, Ministry of Home
Affairs, Government of India, New Delhi-110001.
3. University Grants Commission (UGC) through its
Chairman, Bahadur Shah Zafar Marg, New Delhi-
110002.
4. Chandigarh Administration (Union Territory)
through its Advisor to the Administrator, U.T.
Secretariat, Sector 9, Chandigarh-160009.
5. Chandigarh Administration (Union Territory)
through its Secretary, Department of Education UT
Secretariat, Sector 9, Chandigarh-160017.
6. The Principal, Post Graduate Government College
for Girls, Sector 42, Chandigarh.
7. The Principal, Government Home Science College,
Sector 10, Chandigarh.
21 (OA No. 060/600/2021 & Ors.)
...Respondents
(BY ADVOCATE: Sh. Sanjay Goyal, Sh. Anil Mehta,
Sr. Standing Counsel, U.T. Chandigarh with Sh.
Mayank Sharma, Sh. Pradeep Sharma, Sh. Arvind
Moudgil, Sh. Shival Sharma proxy counsel for Sh.
Aseem Rai)
(22) O.A. No.060/796/2021
Mrs. Anita Berry wife of Mr. Avnindra Berry, aged 62
years, resident of H. No. 375, Sector 2, Panchkula.
.........Applicant
(By Advocate : None)
VERSUS
1. Union of India through Secretary, Ministry of Human
Resources Development (now Ministry of
Education), Department of Higher Education,
Shastri Bhawan, New Delhi-110001.
2. The Secretary to Government of India, Ministry of
Home Affairs, Central Secretariat, North Block, New
Delhi-110001.
3. Chandigarh Administration (Union Territory)
through its Advisor to the Administrator, UT
Secretariat, Sector 9, Chandigarh-160009.
4. Education Secretary, Chandigarh Administration, UT
Secretariat, Sector 9, Chandigarh-160017.
5. Director, Higher Education, U.T. Chandigarh,
Additional Deluxe Building, Sector-9, Chandigarh-
160009.
6. University Grants Commission through its
Secretary, Bahadur Shah Zaffar Marg, New Delhi-
110002.
...Respondents
(BY ADVOCATE: Sh. Mukesh Kaushik, Sh. Anil Mehta,
Sr. Standing Counsel, U.T. Chandigarh with Sh.
22 (OA No. 060/600/2021 & Ors.)
Mayank Sharma, Sh. Pradeep Sharma, Sh. Arvind
Moudgil and Sh. Vinay Gupta)
(23) O.A. No.060/1214/2021
Gurleen Kaur, aged 58 years, w/o Sh. Prabh Kirtan
Singh working as officiating Principal, Govt.
Polytechnic for Women, Sector 10/D, Chandigarh,
resident of House No. 964, Phase XI, Sector 64,
Mohali (Group A).
.........Applicant
(By Advocate : Sh. S.K. Kanojia proxy counsel for Ms.
Moushmi Mittal)
VERSUS
1. UT Chandigarh Administration through its Advisor to
the Administrator, UT Civil Secretariat, Sector 9,
Chandigarh-160009.
2. Secretary Technical Education, Chandigarh
Administration, Union Territory, Civil Secretariat
Sector 9, Chandigarh-160009.
3. Director, Technical Education, Chandigarh
Administration, PEC University of Technology
Campus, Sector 12, Chandigarh-160012.
4. All India Council for Technical Education, Nelson
Mandela Marg, Vasant Kunj, New Delhi-110070.
...Respondents
(BY ADVOCATE: Sh. Anil Mehta, Sr. Standing
Counsel, U.T. Chandigarh with Sh. Mayank Sharma,
Sh. Pradeep Sharma, Sh. Arvind Moudgil, Sh.
Dheeraj Kumar Sehgal, Sh. Ashok Kumar Sharma)
(24) O.A. No.060/1411/2021
Vin Dosajh, Aged 60 years, w/o Sh. Rajiv Dosajh,
Principal (Retd.), Govt. Polytechnic for Women,
23 (OA No. 060/600/2021 & Ors.)
Sector -10/D, Chandigarh. R/o 1121, Sector 15-B,
Chandigarh.
.........Applicant
(By Advocate : Sh. Mandeep Singh)
VERSUS
1. Union of India through Secretary, Ministry of Human
Resources Development (now Ministry of
Education), Department of Higher Education,
Shastri Bhawan, New Delhi-110001.
2. The Secretary to Government of India, Ministry of
Home Affairs, Central Secretariat, North Block, New
Delhi-110001.
3. UT Chandigarh Administration through its Advisor to
the Administrator, Sector 9, Chandigarh-160009.
4. Secretary, Technical Education, Chandigarh
Administration, Union Territory, Civil Secretariat,
Sector 9, Chandigarh-160009.
5. Director, Technical Education, Chandigarh
Administration, PEC University of Technology
Campus, Sector 12, Chandigarh-160012.
6. All India Council for Technical Education through its
Secretary, Nelson Mandela Marg, Vasant Kunj, New
Delhi-110070.
...Respondents
(BY ADVOCATE: Sh. Sanjay Goyal, Sh. Anil Mehta,
Sr. Standing Counsel, U.T. Chandigarh with Sh.
Mayank Sharma, Sh. Pradeep Sharma, Sh. Arvind
Moudgil)
(25) O.A. No.060/724/2021
Renu Oberoi, Aged 59 years W/o Dr. Gurvinder
Oberoi, Liberarian (Retired), Post Graduate Govt.
College, Sector-11, Chandigarh, R/o House No. 2107,
Sector 38-C, Chandigarh-160038.
.........Applicant
24 (OA No. 060/600/2021 & Ors.)
(By Advocate : Sh. Raj Kumar Sharma)
VERSUS
1. Union of India through Secretary, Ministry of
Human Resources Development (now Ministry of
Education), Department of Higher Education,
Shastri Bhawan, New Delhi-110001.
2. The Secretary to Government of India, Ministry of
Home Affairs, Central Secretariat, North Block,
New Delhi-110001.
3. Union Territory, Chandigarh through Advisor to
Administrator, Sector 9, Chandigarh-160009.
4. Education Secretary, Union Territory, Chandigarh
Administration, UT Secretariat, Sector 9,
Chandigarh-160017.
5. Director, Higher Education, U.T. Chandigarh,
Additional Deluxe Building, Sector-9, Chandigarh-
160009.
6. University Grants Commission through its
Secretary, Bahadur Shah Zaffar Marg, New Delhi-
110002.
7. Principal, Post Graduate Government College,
Sector 11, Chandigarh.
...Respondents
(BY ADVOCATE: Sh. Mukesh Kaushik, Sh. Anil Mehta,
Sr. Standing Counsel, U.T. Chandigarh with Sh.
Mayank Sharma, Sh. Pradeep Sharma, Sh. Arvind
Moudgil)
(26) O.A. No.060/1226/2021
Nirupinder Kaur d/o Sh. J.S. Sodhi, aged 57 years,
r/o House No. 1272, Sector-19 B, Chandigarh-
160019.
.........Applicant
(By Advocate : Sh. Salil Sablok)
25 (OA No. 060/600/2021 & Ors.)
VERSUS
1. Union of India through Secretary, Ministry of Human
Resources Development, Department of Higher
Education, Government of India, New Delhi-110001.
2. Chandigarh Administration (Union Territory)
through its Advisor to the Administrator, UT
Secretariat, Sector 9, Chandigarh-160009.
3. Education Secretary, Chandigarh Administration
(Union Territory) UT Secretariat, Sector 9,
Chandigarh-160009.
4. Post Graduate Government College for Girls, Sector
42, Chandigarh through the Principal.160036.
...Respondents
(BY ADVOCATE: Sh. Sanjay Goyal, Sh. Anil Mehta,
Sr. Standing Counsel, U.T. Chandigarh with Sh.
Mayank Sharma, Sh. Pradeep Sharma, Sh. Arvind
Moudgil, Sh. Shivam Sharma poroxy counsel for Sh.
Amitabh Tewari)
(27) O.A. No.060/387/2022
Anita Mahajan wife of Shashi Kant aged about 62
years, resident of House No. 214, Sector 37-A,
Chandigarh.
.........Applicant
(By Advocate : Sh. Sushant Kareer)
VERSUS
1. Union of India through Secretary, Ministry of Human
Resources Development, Department of Higher
Education, Government of India, New Delhi-110001.
2. All India Council of Technical Education (AICTE)
through its Chairman, Nelson Mandela Marg, Vasant
Kunj, New Delhi-110070.
26 (OA No. 060/600/2021 & Ors.)
3. Chandigarh Administration through its Advisor to
Administrator, UT Secretariat, Sector 9, Chandigarh.
4. Union Territory of Chandigarh, through Secretary,
Technical Education, Department of Technical
Education, UT Secretariat, Sector 9, Chandigarh-
160009.
5. Government Home Science College, through its
Principal, Sector-10, Chandigarh-160009.
...Respondents
(BY ADVOCATE: Sh. Sanjay Goyal, Sh. Anil Mehta,
Sr. Standing Counsel, U.T. Chandigarh with Sh.
Mayank Sharma, Sh. Pradeep Sharma, Sh. Arvind
Moudgil, Sh. K.K. Thakur, Sh. Nitin Kaushal for
AICTE)
(28) O.A. No.060/686/2021
1. Monica Singh, Aged 59 years, w/o Sh. Maninder
Singh, Associate Professor (English), Post
Graduate Govt. College for Girls, Sector 42,
Chandigarh (retired), R/o House No. 151. Sector-
33A, Chandigarh-160032.
2. Dr. Sneh Sharma, Aged 59 years, w/o Sh.
Harshinder Sharma, Professor (Hindi), Post
Graduate Govt. College for girls, Sector-42,
Chandigarh (retired), R/o House No. 558, Sector
48-A, Shantivan Society, Chandigarh-160048.
3. Dr. Avtar Singh, Aged 59 years, S/o Sardar
Gurmail Singh, Associate Professor (Punjabi),
Post Graduate Govt. College for Girls, Sector 42,
Chandigarh (retired), R/o House No. 1723,
Gurudwara Akali Office Road, Kharar, Distt.
Mohali.
4. Harvinder Kaur, Aged 59 years, W/o Sh.
Jagmohan Singh, Associate Professor, Post
Graduate Govt. College for Girls, Sector-42,
Chandigarh (retired), R/o House No. 1085, Sector
71, Mohali.
5. Dr. Harvinder Singh, Aged 59 years, S/o Sh.
Santa Singh, Professor in Music (Vocal), Post
Graduate Govt. College for Girls, Sector 11,
27 (OA No. 060/600/2021 & Ors.)
Chandigarh, R/o House No. 257, Sector 118, TDI
City, Mohali.
6. Dr. Manjit Kaur, Aged 61 years, W/o Col. Amarjit
Singh, Associate Professor, Post Graduate Govt.
College, Sector 11, Chandigarh (Looking after the
charge of Principal, Government College of
Commerce & Business Administration, Sector 50,
Chandigarh (retired), R/o House No. 9, Sector
20-A, Chandigarh-160020.
7. Rupinder Kaur, Aged 61 years, W/o Sh. Jasbir
Singh, Associate Professor, Post Graduate Govt.
College for Girls, Sector 42, Chandigarh (retired),
R/o House No. A337, The Greater Punjab Officers
Society (Near DLF Club), Village Rasulpur,
Mullanpur, S.A.S. Nagar, Mohali.
8. Dr. Gurinder Kaur, Aged 61 years, w/o Sh. Balraj
Singh Hora, Associate Professor, Post Graduate
Govt. Collge for Girls, Sector 11, Chandigarh
(retired), R/o House No. 1110, Sector 36-C,
Chandigarh-160036.
9. Kanwar Iqbal Singh, Aged 59 years, S/o Sh. Ujjal
Didar Singh, Associate Professor, Post Graduate
Govt. College for Girls, Sector - 11, Chandigarh
(retired), R/o House No. 62, Sector 10,
Chandigarh-160010.
10. Dr. Jyoti Seth, Aged 61 years, D/o Sh. R.N. Seth,
Professor and HOD, Post Graduate Govt. College
for Girls, Sector 42, Chandigarh (retired), R/o
House No. 1026, Sector 15B, Chandigarh-
160015.
11. Simrat Rana, Aged 62 years, w/o Sh. Kanwar Pal
Singh, Associate Professor, Post Graduate Govt.
College for Girls, Sector 11, Chandigarh (retired),
R/o House No. 563, Sector 10D, Chandigarh-
160010.
.........Applicants
(By Advocate : Sh. Raj Kumar Sharma)
VERSUS
28 (OA No. 060/600/2021 & Ors.)
1. Union of India through Secretary, Ministry of Human
Resources Development (now Ministry of
Education), Department of Higher Education,
Shastri Bhawan, New Delhi-110001.
2. The Secretary to Government of India, Ministry of
Home Affairs, Central Secretariat, North Block, New
Delhi-110001.
3. Union Territory, Chandigarh through Advisor to
Administrator, Sector 9, Chandigarh-160009.
4. Education Secretary, Union Territory, Chandigarh
Administration, UT Secretariat, Sector 9,
Chandigarh-160017.
5. Director, Higher Education, U.T. Chandigarh,
Additional Deluxe Building, Sector-9, Chandigarh-
160009.
6. University Grants Commission through its
Secretary, Bahadur Shah Zaffar Marg, New Delhi-
110002.
7. Principal, Post Graduate Government College for
Girls, Sector 42, Chandigarh-160042.
8. Principal, Post Graduate Government College,
Sector 11, Chandigarh-160011.
...Respondents
(BY ADVOCATE: Sh. Sanjay Goyal, Sh. Anil Mehta,
Sr. Standing Counsel, U.T. Chandigarh with Sh.
Mayank Sharma, Sh. Pradeep Sharma, Sh. Arvind
Moudgil, Sh. K.K. Thakur)
(29) O.A. No.060/302/2022
Bela Gupta wife of Rakesh Gupta aged about 59
years, resident of House No. 2003 E, Sector 63,
Sector 52, Chandigarh-160047.
.........Applicant
(By Advocate : Sh. Sushant Kareer)
VERSUS
29 (OA No. 060/600/2021 & Ors.)
1. Union of India through Secretary, Ministry of Human
Resources Development, Department of Higher
Education, Government of India, New Delhi-110001.
2. All India Council of Technical Education (AICTE)
through its Chairman, Nelson Mandela Marg, Vasant
Kunj, New Delhi-110070.
3. Chandigarh Administration through its Advisor to
Administrator, UT Secretariat, Sector 9, Chandigarh.
4. Union Territory of Chandigarh, through Secretary,
Technical Education, Department of Technical
Education, UT Secretariat, Sector 9, Chandigarh-
160009.
5. Government Home Science College, through its
Principal, Sector-10, Chandigarh-160009.
...Respondents
(BY ADVOCATE: Sh. Mukesh Kaushik, Sh. Anil Mehta,
Sr. Standing Counsel, U.T. Chandigarh with Sh.
Mayank Sharma, Sh. Pradeep Sharma, Sh. Arvind
Moudgil, Sh. Nitin Kaushal for AICTE)
(30) O.A. No.060/730/2021
Mani Bedi, Aged 64 years W/o Sh. Charanbir Singh
Bedi, Associate Professor (Looking after the work of
Principal) (Retired), Post Graduate Government
College for Girls, Sector 42, Chandigarh, R/o House
No. 1132, Sector 44-B, Chandigarh.
.........Applicant
(By Advocate : Sh. Raj Kumar Sharma)
VERSUS
1. Union of India through Secretary, Ministry of Human
Resources Development (now Ministry of
Education), Department of Higher Education,
Shastri Bhawan, New Delhi-110001.
30 (OA No. 060/600/2021 & Ors.)
2. The Secretary to Government of India, Ministry of
Home Affairs, Central Secretariat, North Block, New
Delhi-110001.
3. Union Territory, Chandigarh through Advisor to
Administrator, Sector 9, Chandigarh-160009.
4. Education Secretary, Union Territory, Chandigarh
Administration, UT Secretariat, Sector 9,
Chandigarh-160017.
5. Director, Higher Education, U.T. Chandigarh,
Additional Deluxe Building, Sector-9, Chandigarh-
160009.
6. University Grants Commission through its
Secretary, Bahadur Shah Zaffar Marg, New Delhi-
110002.
7. Principal, Post Graduate Government College for
Girls, Sector 42, Chandigarh.
...Respondents
(BY ADVOCATE: Sh. Anil Mehta, Sr. Standing
Counsel, U.T. Chandigarh with Sh. Mayank Sharma,
Sh. Pradeep Sharma, Sh. Arvind Moudgil, Sh. B.B.
Sharma)
(31) O.A. No.060/701/2021
Dr. Sapna Malhotra, Aged 58 years, D/o Sh. Mangat
am, worked as Associate Professor in Hindi, Group B,
P.G. Govt. College for Girls, Sector 42, Chandigarh,
R/o House No. T-1/15, Sector 25, PU Complex,
Chandigarh.
.........Applicant
(By Advocate : None)
VERSUS
1. UT Chandigarh Administration through its Advisor to
the Administrator, U.T. Secretariat, Sector 9,
Chandigarh-160009.
2. University Grants Commission, Bahadur Shah Zaffar
Marg, New Delhi through its Chairperson-110070.
31 (OA No. 060/600/2021 & Ors.)
3. Secretary, Department of Higher Education, U.T.
Secretariat, Sector 9, Chandigarh-160009.
4. P.G. Govt. College for Girls, Sector 42, Chandigarh
through its Principal. 160036.
...Respondents
(BY ADVOCATE: Sh. Anil Mehta, Sr. Standing
Counsel, U.T. Chandigarh with Sh. Mayank Sharma,
Sh. Pradeep Sharma, Sh. Arvind Moudgil)
(32) O.A. No.060/130/2022
Jagan Nath, Aged 58 years, S/o Sh. Satyogar Ram,
working as Associate Professor (Public Admn.),
Postgraduate Government College for Girls, Sector-
42, Chandigarh, R/o House No. 1065, Sector 41 B,
Chandigarh-160036. Group ‗A'.
.........Applicant
(By Advocate : Sh. Raj Kumar Sharma)
VERSUS
1. Union of India through Secretary, Ministry of Human
Resources Development (now Ministry of
Education), Department of Higher Education,
Shastri Bhawan, New Delhi-110001.
2. The Secretary to Government of India, Ministry of
Home Affairs, Central Secretariat, North Block, New
Delhi-110001.
3. Union Territory, Chandigarh through Advisor to
Administrator, Sector 9, Chandigarh-160009.
4. Education Secretary, Union Territory, Chandigarh
Administration, UT Secretariat, Sector 9,
Chandigarh-160017.
5. Director, Higher Education, U.T. Chandigarh,
Additional Deluxe Building, Sector-9, Chandigarh-
160009.
6. University Grants Commission through its
Secretary, Bahadur Shah Zaffar Marg, New Delhi-
110002.
32 (OA No. 060/600/2021 & Ors.)
7. The Principal, Post Graduate Government College,
for Girls, Sector 42, Chandigarh-160036.
...Respondents
(BY ADVOCATE: Sh. Mukesh Kaushik, Sh. Anil Mehta,
Sr. Standing Counsel, U.T. Chandigarh with Sh.
Mayank Sharma, Sh. Pradeep Sharma, Sh. Arvind
Moudgil)
(33) O.A. No.060/726/2021
1. Dr. Rewa Sharma, Aged 63 years, W/o sh. Sanjiva
Rishi, Associate Professor (Zoology) (Retired), Post
Graduate Govt. College for Girls, Sector-42,
Chandigarh, Group ‗A' R/o House No. 3071, Sector
19-D, Chandigarh.
2. Neeraj Aggarwal, Aged 63 years D/o Sh. Prem
Chand, Associate Professor (English), Group ‗A',
Post Graduate Government College for Girls, Sector
11, Chandigarh, R/o House No. 700, Sector 12,
Panchkula-134112.
3. Prof. Dr. J.K. Sehgal, Aged 62 years s/o Sh.
Gobind Singh Sehgal, Professor in Commerce
(Looking after the work of Principal) (Retired), Post
Graduate Government College, Sector 46,
Chandigarh R/o House No. 327, Sector 51-A,
Chandigarh.
.........Applicants
(By Advocate : Sh. Raj Kumar Sharma)
VERSUS
1. Union of India through Secretary, Ministry of
Human Resources Development (now Ministry of
Education), Department of Higher Education,
Shastri Bhawan, New Delhi-110001.
2. The Secretary to Government of India, Ministry of
Home Affairs, Central Secretariat, North Block,
New Delhi-110001.
33 (OA No. 060/600/2021 & Ors.)
3. Union Territory, Chandigarh through Advisor to
Administrator, Sector 9, Chandigarh-160009.
4. Education Secretary, Union Territory, Chandigarh
Administration, UT Secretariat, Sector 9,
Chandigarh-160017.
5. Director, Higher Education, U.T. Chandigarh,
Additional Deluxe Building, Sector-9, Chandigarh-
160009.
6. University Grants Commission through its
Secretary, Bahadur Shah Zaffar Marg, New Delhi-
110002.
7. Principal, Post Graduate Government College, for
Girls, Sector 42, Chandigarh.
8. Principal, Post Graduate Government College for
Girls, Sector 11, Chandigarh.
9. Principal, Post Graduate Government College,
Sector 46, Chandigarh.
...Respondents
(BY ADVOCATE: Sh. K.K. Thakur, Sh. Anil Mehta, Sr.
Standing Counsel, U.T. Chandigarh with Sh. Mayank
Sharma, Sh. Pradeep Sharma, Sh. Arvind Moudgil,
Sh. B.B. Sharma)
(34) O.A. No.060/129/2022
Dr. Anil Kumar Singh Mankotia, Aged 58 years, S/o
Sh. Tara Chand Mankotia, working as Associate
Professor (Chemistry), Post Graduate Government
College, Sector 11, Chandigarh, R/o House No. 3816,
Sector 22-D, Chandigarh-160022. Group ‗A'
.........Applicant
(By Advocate : Sh. Raj Kumar Sharma)
VERSUS
1. Union of India through Secretary, Ministry of
Human Resources Development (now Ministry of
Education), Department of Higher Education,
Shastri Bhawan, New Delhi-110001.
34 (OA No. 060/600/2021 & Ors.)
2. The Secretary to Government of India, Ministry of
Home Affairs, Central Secretariat, North Block,
New Delhi-110001.
3. Union Territory, Chandigarh through Advisor to
Administrator, Sector 9, Chandigarh-160009.
4. Education Secretary, Union Territory, Chandigarh
Administration, UT Secretariat, Sector 9,
Chandigarh-160017.
5. Director, Higher Education, U.T. Chandigarh,
Additional Deluxe Building, Sector-9, Chandigarh-
160009.
6. University Grants Commission through its
Secretary, Bahadur Shah Zaffar Marg, New Delhi-
110002.
7. The Principal, Post Graduate Government College,
Sector 11, Chandigarh-160011.
...Respondents
(BY ADVOCATE: Sh. Vinod K. Arya, Sh. Anil Mehta,
Sr. Standing Counsel, U.T. Chandigarh with Sh.
Mayank Sharma, Sh. Pradeep Sharma, Sh. Arvind
Moudgil, Sh. K.K. Thakur)
(35) O.A. No.060/446/2022
Punam Bansal, Former Associate Professor, wife of
Shri B.R. Bansal, Age 59 years, resident of House No.
151, Sector 78, Mohali.
.........Applicant
(By Advocate : None)
VERSUS
1. Union of India through Secretary, Ministry of
Human Resources Development, Department of
Higher Education, Government of India, New Delhi-
110001.
2. The Secretary to Government of India, Ministry of
Home Affairs, Central Secretariat, North Block,
New Delhi-110001.
35 (OA No. 060/600/2021 & Ors.)
3. Chandigarh Administration (Union Territory)
through its Advisor to the Administrator, UT
Secretariat, Sector 9, Chandigarh-160009.
4. Education Secretary, Chandigarh Administration,
UT Secretariat, Sector 9, Chandigarh-160009.
5. Director, Higher Education, U.T. Chandigarh,
Additional Deluxe Building, Sector-9, Chandigarh-
160009.
6. University Grants Commission through its
Secretary, Bahadur Shah Zaffar Marg, New Delhi-
110002.
7. Principal, Government College of Education, Sector
20, Chandigarh.
...Respondents
(BY ADVOCATE: Sh. Mukesh Kaushik, Sh. Anil Mehta,
Sr. Standing Counsel, U.T. Chandigarh with Sh.
Mayank Sharma, Sh. Pradeep Sharma, Sh. Arvind
Moudgil)
ORDER
Per: SH. RAMESH SINGH THAKUR MEMBER (J):
1. All the above 35 Original Applications are taken up together for disposal, as a common question of law and facts are involved in all these cases. With the consent of learned counsels for the parties, the facts are being extracted from O.A.No.060/600/2021 (Dr. Abha Sudarshan & Ors. Vs. UOI & Ors.) and the said case has been treated as a lead case.
2. In all these OAs, the applicants are either working, retired or were going to retire but were not relieved due to stay order granted by this Court.
36 (OA No. 060/600/2021 & Ors.)
3. The present Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking directions to the respondents to enhance the superannuation age from 58 years to 65 years in terms of UGC Regulations, 2010 & 2018 and to refrain the respondents from retiring the applicants at the age of 58 years as the colleges where they are working, are centrally funded institutions. Applicants rely upon the Punjab and Haryana High Court judgement in CWP No. 20447 of 2020 titled Dr. Joiginder Pal Singh and others Vs. UOI & Ors. decided on 01.03.2021 wherein similar issue had been adjudicated upon.
4. A brief matrix of the facts leading to filing of the present Original Application is that the applicants are the teaching faculty including Principals/Professors/Associate Professors/Assistant Professors etc. in the colleges under the direct control of Chandigarh Administration, i.e. respondents No. 2 & 3. The length of service of each applicant is detailed in Annexure A-1.
5. The applicants herein are agonized due to the fact that despite the UT colleges where the applicants are 37 (OA No. 060/600/2021 & Ors.) working, being Centrally funded institutions, in which institutions, the age of superannuation is 65 years as per Union of India instructions/circulars and as per UGC Regulations, still, the respondents are not recognizing the same and are retiring the applicants at the age of 58 years following Government of Punjab Regulations. This act of respondents is illegal and arbitrary and in violation of the various statutory and binding regulations/instructions/circulars.
6. The applicants submit that the age of employees was erroneously fixed at 58 years by the respondent No. 2 following Notification dated 13.01.1992 (Annexure A-
2), whereby the Government of India promulgated ―Conditions of Service of Union Territory of Chandigarh Employees Rules, 1992 which specified the conditions of persons appointed to Central Civil Services and posts in Group A, B, C and D to be governed by Punjab Civil Services Rules by repealing the ‗Conditions of Service of Union Territory of Chandigarh Administration Employees Rules, 1966'.
7. It is further submitted whether the said Notification dated 13.01.1992 (Annexure A-2) issued under proviso to Article 309 of the Constitution of India 38 (OA No. 060/600/2021 & Ors.) would hold field even where it is in conflict with the provisions of central regulations like UGC Regulations have been promulgated under their respective enactments. This issue came for consideration and negated before the Division Bench of Punjab and Haryana High Court in Dr. Joginder Pal Singh (supra) wherein the Hon'ble High Court held as under:-
―18. It cannot be disputed that the regulations issued by the AICTE, the UGC and the Council of Architecture are binding upon the colleges and institutions covered under these Acts, as has been held by the Supreme Court in the case of Parshavanath Charitable Trust vs. All India Council for Technical Education, 2013 (2) SCT 163 and in the Foundation for ORE Fore School of Management vs. AICTE, 2019 (3) SCT
307. Thus, it can clearly be said that the regulations issued under the Statute, which have come into force under the Central Act, could be operative qua the colleges/institutions which would fall within the said regulations and the rules framed under the proviso to Article 309 would, therefore, have to give way to the regulations in case of there being any conflict.
In view of the above, the answer to the above posed question in para 8 would be that AICTE Regulations 2010/2019 and Architecture Regulations 2017 shall apply in case of conflict with the 1992 Rules.‖ In view of above, the applicants state that it is unambiguous that the 1992 Rules would not apply in case of the applicants as they come in conflict with regulations framed under the central enactments i.e. UGC Regulations. Therefore, the age of superannuation of applicants i.e. employees of UT Colleges which come under respondent No. 2 would be governed by the UGC Regulations and not the 39 (OA No. 060/600/2021 & Ors.) 1992 Rules. The applicants submitted that they are working under Centrally Funded Institutions receiving their funds from the Union of India through the Chandigarh Administration.
8. Vide Communication dated 23.03.2007 (Annexure A-
3), issued by respondent No. 1, the age of superannuation in the Colleges/Institutes/Centrally Funded Institutions has been enhanced to 65 years. It further provided that on retirement at 65 years, the employee is eligible for re-employment upto the age of 70 years. Vide letter dated 12.10.2009 (Annexure A-4), the Government of India enhanced the age of superannuation of persons holding teaching positions in higher and technical educational institutions in the Union Territories of Andaman Nicobar, Dadar and Nagar Haveli, Daman and Diu to 65 years.
Respondent No. 1 had also issued a letter dated 31.12.2008 (Annexure A-5) whereby University Grants Commission had directed that the age of superannuation in Central Education Institution was enhanced to 65 years and re-employment upto 70 years was permissible subject to availability of vacancies and fitness of the teacher.
40 (OA No. 060/600/2021 & Ors.)
9. In pursuance to Section 26 of the University Grants Commission Act, 1956, the UGC (Minimum Qualifications for Appointment of Teachers & Other Academic Staff in Universities & Colleges & Other Measures for Maintenance of Standards in Higher Education) Regulations, 2010 (Annexure A-6) came to be notified which made it clear that the age of superannuation of teaching faculty in Central Educational Institutions/Centrally Funded Institutions is 65 years.
10. The applicants submit that despite these facts, respondents are retiring its faculty/employees like the applicants herein at the age of 58 years, which is not only in violation of the regulations and instructions but also an act of exercise of colourable powers by the respondents. Hence, this OA.
11. The respondents have filed the written statement whereby they contradicted the averments made by the applicants in the Original Application.
12. The respondents submit that the issue of validity of Notification dated 13.01.1992 was adjudicated by the Hon'ble Apex Court in the case titled as ―Union Territory of Chandigarh and Others Vs. Rajesh Kumar 41 (OA No. 060/600/2021 & Ors.) Basandhi and Ors., 2002 (11) SCC 549 wherein the Court held that ―Whatever be the conditions of service for Punjab Services at the time they are to be applied, the same would, ipso factor, apply to Chandigarh Services without anything further to intervene for its applicability.‖ Further vide order dated 23.11.2016 (Annexure R-1) in OA No. 060/00498/2015, it was held that unless policy decision is taken in that connection, no benefit can be granted for claiming retirement age on higher side.
13. It is further stated by the respondents that letter dated 31.12.2008 issued by Government of India relates to Central Education Institutes/Centrally Funded Institutions/Central Universities and therefore the same cannot be made applicable qua employees working under Chandigarh Administration. Further, in State of Punjab, date of superannuation of college teachers is 58 years in terms of Rule 3.26 of Punjab Civil Services Rules, Volume 1, Part 1. Since, the Punjab Government has not taken any decision to increase the age of superannuation for their employees working in Colleges by enhancing the age of 65 years as per notification dated 31.12.2008 42 (OA No. 060/600/2021 & Ors.) issued by Government of India, therefore, same cannot be made applicable qua employees working with Chandigarh Administration like applicants.
14. Respondents further submit that mere affiliation of the colleges with Punjab University cannot be a ground to seek parity with the employees/faculty of University as these colleges are affiliated only for awarding Degrees to the students and the service conditions of faculty of Government Colleges is governed by Notification dated 13.01.1992 (Annexure R-3) issued by the Ministry of Home Affairs, Government of India.
15. It is further stated by the respondents that the Government of India's letter dated 23.03.2007 (Annexure A-3) speaks of Central Funded Institutions of Higher and Technical Education coming under the purview of the Union Ministry of Human Resource Development and applies only to autonomous institutions funded by the Government of India such as IIMs, IITs and IISs and not to institutions such as Government College in UT, Chandigarh. Unlike Government Colleges, the ―Central Funding‖ of such institutions like IIMs, IITs, etc. is provided by way of 43 (OA No. 060/600/2021 & Ors.) grant-in-aid which is in addition to the income generated by them from their own resources. The age of retirement in Government Colleges in UT, Chandigarh has never been 62 years and the question of enhancing the said age to 65 years is completely misconceived. To further agitate their point, respondents relied upon the following judgements:-
(i) B.S. Yadav Vs. State of Haryana, AIR 1981 SC 561
(ii) J.C. Yadav Vs. Stte of Haryana, (1990) 2 SCC 189
(iii) Captain B.D. Gupta Vs. State of U.P. and Another
(iv) V.K. Sood Vs. Secretary, Civil Aviation and Others
(v) Ashok Kumar Uppal Vs. State of J&K, (1998) 4 SCC 179
(vi) Ashutosh Gupta Vs. State of Rajasthan, (2002) 4 SCC 34
(vii) P.U. Joshi and Other Vs. Accountant General, Ahmedabad and Others (2003) 2 SCC 632 In view of above, the respondents submit that the present Original Application be dismissed with costs in favour of the respondents.
16. Applicants have filed replication to the reply filed by the respondents. It is submitted that instead of acting in faithful compliance, the respondents have, in a wholly misconceived initiative, raked up the same very law points in their reply that they had taken up before the Hon'ble High Court and in the SLP that 44 (OA No. 060/600/2021 & Ors.) stands dismissed, and the law laid down in CWP No. 20447 of 2020 dated 01.03.2021 by the Hon'ble High Court has already attained finality. Moreover, the respondents have already complied with the said judgement in many cases. The analysis of the case law cited by the respondents in their reply clearly reveals that by relying upon old cases overruled through subsequent settled case law having attained finality, the respondents are trying to mislead the court and pushing the applicants to undergo unnecessary litigation.
17. It is submitted by the applicants that the validity of the 1992 Notification is not under challenge. The only issue involved in the present case is with respect to applicability of the 1992 Notification upon the applicants in light of the specific central legislation (UGC/AICTE) which govern the field.
18. It is further stated that the UT Administration has erroneously questioned the settled issue that the Arts and Science Colleges of UT Administration are not centrally funded institutions, because this issue has been deliberated upon and settled by the Hon'ble High Court in Dr. Joginder Pal Singh (supra) against the 45 (OA No. 060/600/2021 & Ors.) contention of the UT Administration which has already attained finality upto the Hon'ble Supreme Court and further, has also been implemented. It is also established law of the land that a judgement whether in persona or otherwise, when attains finality, becomes an inescapable binding judicial precedent.
19. Applicants further submit that a plain reading of Article 309 as well as the law laid down by the Hon'ble Punjab and Haryana High Court judgement dated 01.03.2021 and dismissal of Review Petition in Dr. Joginder Pal's case, which has attained finality after dismissal of SLP by the Hon'ble Supreme Court and the fact that it has been implemented also, makes it clear that the UT Administration/UOI cannot take away from the Higher and Technical Education faculty a right which they already have been granted from the date of passing UGC and AICTE Act and Regulations made there-under. The new Notification dated 29.03.2022 has been issued with the intent to reiterate the existing applicability of UGC/AICTE Act/Regulations and not to take it away from the Higher Education and Technical Education faculty, who already have this right.
46 (OA No. 060/600/2021 & Ors.)
20. We have heard the learned counsels for the parties and have carefully gone through the pleadings on record.
21. From the pleadings, it is an admitted fact that Government of India promulgated Conditions of Service of Union Territory of Chandigarh Employees Rules, 1992 (Annexure A-2) wherein the service conditions of persons appointed to Central Civil Services and posts in Group A, B, C and D were to be governed as per the Punjab Civil Services Rules and the age of retirement while complying with the Punjab Civil Services Rules was 58 years.
22. It is also an admitted fact that as per Annexure A-3, it was clarified that age of superannuation in the Colleges/Institutes/Centrally Funded Institutions has been enhanced to 65 years and it was further provided that on retirement at 65 years, the employee is eligible for re-employment upto the age of 70 years.
23. As per Annexure A-5, Respondent no. 1 issued a letter whereby University Grants Commission had directed that the age of superannuation in Central 47 (OA No. 060/600/2021 & Ors.) Education Institution was enhanced to 65 years and re-employment upto 70 years was permissible subject to availability of vacancies and fitness of the teachers.
24. It is also an admitted fact that as per Annexure A-7, some of the teachers at UT Govt. College of Arts and Govt. College of Architecture approached this Tribunal by filing OA No. 392/CH/2020 and this Tribunal had dismissed the Original Application. Thereafter, the applicants preferred an appeal before the Hon'ble Punjab and Haryana High Court by filing CWP No. 20447 of 2020 which was allowed by the Hon'ble High Court holding that the colleges/institutions under the respondent No. 2 are funded by respondent No. 2 completely, hence, they would not bring them outside the ambit of centrally funded institutions.
25. The main contentions of the applicants are that the UGC Regulations (Annexure A-6) categorically provide for age of superannuation to be 65 years in Central Educational Institutions/Centrally Funded Institutions. All the applicants are working in Centrally Funded Institutions and in the identical case of Dr. Joginder Pal (supra), the Writ Petition was allowed by the Hon'ble High Court and the judgement passed by the Hon'ble 48 (OA No. 060/600/2021 & Ors.) High Court has also been implemented by taking back in service those employees who retired at the age of 58 years.
26. It has been submitted by the applicants that though the respondents have approached the Hon'ble Apex Court by filing a SLP, but the case was withdrawn by the respondents on 15.12.2021 (Annexure A-10).
27. The contentions of the applicants are that the respondents had issued a fresh Notification dated 29.03.2022 (Annexure A-9) whereby the President of India, in exercise of power conferred by the proviso to Article 309 of the Constitution of India, has made the Union Territory of Chandigarh Employees (Conditions of Service) Rules, 2022 and the proviso to Rule 2 of the Notification squarely covers the case of the applicants also.
28. The applicants have submitted that similarly situated applicants in Dr. Joginder Pal case (supra), have been extended the benefits and there can be no discrimination qua the applicants in the instant OA.
29. It has been further contended by the applicants that the Hon'ble High Court in the case of Satbir Singh 49 (OA No. 060/600/2021 & Ors.) Vs. State of Haryana, 2002 (2) SCT 354, has held that the State must apply judgement of the court in its true spirit and command and apply the same to similarly situated persons.
30. The replying respondents have submitted that vide Notification dated 01.11.1966, issued by the Government of India, Ministry of Home Affairs, in exercise of its power conferred under the proviso to Article 309 of the Constitution of India, the Administrator of the Union Territory of Chandigarh was authorized to exercise the power to make rules for the employees under his Administrative Control and vide Notification dated 13.01.1992 issued under Article 309 of the Constitution, the President of India framed conditions of service of Union Territory of Chandigarh Employees Rules, 1992 which took effect from 1st April, 1991. The service conditions of the employees of Chandigarh Administration were as per the rules as applicable to the Government employees of State of Punjab. The same was duly endorsed and as held by the Hon'ble Apex Court in the Union Territory of Chandigarh and Others Vs. Rajesh Kumar Basandhi (2003) 11 SCC 549 and the said 50 (OA No. 060/600/2021 & Ors.) judgement has not been set aside or overruled in Dr. Joginder Pal case (supra).
31. It has been contended by the respondents that the age of employees of the Chandigarh Administration has been increased by the Tribunal from time to time, first from 58 to 60 and then from 60 to 62 years.
32. The respondents further contend that on 29.03.2022 with effect from 01.04.2022, notification has been issued by the Ministry of Home Affairs superseding the 1992 notification, meaning thereby, from the year notification of 1992 and till the notification of 2022 as held by the Hon'ble Apex Court, the service conditions of the employees of Chandigarh were being governed by the notification of the year 1992.
33. It has been further contended by the respondents that now, the Hon'ble High Court of Punjab and Haryana, in the matter of S.C. Dhawan (Deceased through his LRs) Vs. UOI & Ors. Alongwith connected CWPs, has distinguished the judgement passed by the Division Bench vide decision dated 22.12.2022 and the judgement passed by the Hon'ble High Court in 51 (OA No. 060/600/2021 & Ors.) the matter of Dr. Joginder Pal (Supra) has been distinguished.
34. As per Annexure A-2, Government of India promulgated ―Conditions of Service of Union Territory of Chandigarh Employees Rules, 1992 which specified the conditions of persons appointed to Central Civil Services and posts in Group A, B, C and D to be governed by Punjab Civil Services Rules by repealing the ‗Conditions of Service of Union Territory of Chandigarh Administration Employees Rules, 1966'.
35. As per Annexure A-3, it has been clarified that age of superannuation in the Colleges/Institutes/Centrally Funded Institutions has been enhanced to 65 years and it was further provided that on retirement at 65 years, the employee is eligible for re-employment upto the age of 70 years.
36. As per Annexure A-5, respondent No. 1 issued a letter whereby University Grants Commission had directed that the age of superannuation in Central Education Institution was enhanced to 65 years and re- employment upto 70 years was permissible subject to availability of vacancies and fitness of the teacher. 52 (OA No. 060/600/2021 & Ors.)
37. The UGC Regulations dated 30.06.2010 (Annexure A-
6) categorically provide for age of superannuation to be 65 years in Central Educational Institutions/Centrally Funded Institutions.
38. Though similarly situated persons have approached this Tribunal in OA No. 392/CH/2020, but this Tribunal has dismissed the Original Application and the same was challenged before the Hon'ble High Court of Punjab and Haryana through CWP No. 20447/2020 (Annexure A-7). The Hon'ble High Court had allowed the writ petition and held that Notification dated 13.01.1992 would not be applicable to the petitioners so far as they are inconsistent with the Architecture Regulations, 2017 qua petitioner No. 2 and AICTE Regulations qua other petitioners. So, the order of the Tribunal whereby the Original Application was dismissed, merges with the order passed by the Hon'ble High Court in CWP No. 20447/2020 dated 01.03.2021 titled as Dr. Jogender Pal (supra).
39. The contentions of the respondents are that the Hon'ble High Court in the matter of S.C. Dhawan (Deceased through his LRs) Vs. UOI & Ors., CWP No. 53 (OA No. 060/600/2021 & Ors.) 17643/2003 alongwith connected CWPs decided on 22.12.2022, has considered the judgement passed by the Hon'ble High Court in the matter of Dr. Joginder Pal Singh (supra). Learned counsel for the respondents submits that though the matter in the case of S.C. Dhawan (supra) is of Single Bench, but the judgement of Dr. Joginder Pal Singh (supra) has been considered.
40. The learned counsel for the applicants submit that the judgement passed in the matter of Dr. Joginder Pal Singh (supra) is a Division Bench matter and as per precedent, the judgement passed by the Division Bench is binding on the Single Bench.
41. The learned counsel for the applicants has relied upon the judgement passed by the Delhi High Court in the matter of Vimla Devi Vs. UOI in LPA No. 151, 250/251-1979, 2001 (90) DLT 345 decided on 13.02.2001wherein it has been held by the Hon'ble High Court that a Division Bench judgement is a binding on Single Bench and it has no choice but to follow it. Similarly, Apex Court in Civil Appeal No. 8486 of 2011 titled as N/S Trimurti Fragrances Pvt. Ltd. Through its Director S. Pradeep Kumar 54 (OA No. 060/600/2021 & Ors.) Agrawal Vs. Govt. of NCT of Delhi through its Principal Secretary (Finance) and Ors. decided on 19.09.2022 has held that the Bench strength is determinative of the binding nature of the judgement.
42. In the instant case, the matter in the case of Dr. Joginder Pal Singh (supra) has been decided by the Division Bench whereas the judgement relied upon by the respondents is a Single Bench matter. Moreover, the matter which was initially listed before this Tribunal and on preferring CWP against the order of the Tribunal, the Division Bench of Hon'ble High Court of Punjab and Haryana allowed the petition. So, the issue raised before this Tribunal has been finally adjudicated upon by the Hon'ble High Court. Not only this, though the respondents have preferred a SLP before the Apex Court, but the same has been withdrawn. Further, the respondents have implemented the order passed by the Hon'ble High Court in the matter of Dr. Joginder Pal Singh (supra).
43. The applicants have also relied upon the judgement passed by the Hon'ble Punjab and Haryana High Court in the matter of Satbir Singh (supra) and held that the State must avoid discrimination in grant of service 55 (OA No. 060/600/2021 & Ors.) benefits to the members of the same cadre identically situated and when the judgement attained finality, the State should grant relief to the employees who are similarly situated.
44. The applicants have also relied upon the judgement passed by the Apex Court in the matter of State of Uttar Pradesh and Others Vs. Arvind Kumar Srivastava and Others decided on 17.10.2014, (2015) I SCC 347 wherein it has been held by the Apex Court that in cases where the judgement pronounced by the court in a judgement is in rem, its intention should be to give benefits to all similarly situated persons, whether they approach the court or not.
45. In the case of Dr. Joginder Pal Singh (supra), the Hon'ble High Court has settled the law and the Respondent Department has also withdrawn the SLP. So, there is finality of the lis. So, the respondents are bound to respect the law settled by the Court.
46. Therefore, the issue raised in the present OAs has already been dealt with by the Hon'ble High Court of Punjab and Haryana in the matter of Dr. Joginder Pal Singh (supra) and has a binding effect on the respondents.
56 (OA No. 060/600/2021 & Ors.)
47. The applicants have specifically submitted that now, the respondent department had issued the Notification dated 29.03.2022 (Annexure A-9) whereby it has been contended by the applicants that though the Notification has come into operation w.e.f. 01.04.2022, but as per proviso, the judgement passed by the Hon'ble High Court in the case of Dr. Joginder Pal Singh (supra) has been implemented. The said Notification dated 29.03.2022 reads as under:-
GS.R. 230(E).--In exercise of the powers conferred by the proviso to article 309 of the Constitution and in supersession of the Conditions of Service of Union Territory of Chandigarh Employee Rules, 1992, except as respects things done or omitted to be done before such supersession, the President hereby makes the following rules regulating the conditions of service of persons appointed to the services and posts under the administrative control of the Administrator of the Union Territory of Chandigarh, namely :--
1. Short title and commencement.--(1) These rules may be called the Union Territory of Chandigarh Employees (Conditions of Service) Rules, 2022. (2) They shall come into force on the Ist of April 2022.
2. Conditions of Service of persons appointed to the services and posts under the administrative control of Administrator.--(1) The conditions of service of persons appointed to the services and posts,--
(i) in Group ‗A', Group 'B' and Group 'C' under the administrative control of the Administrator of the Union Territory of Chandigarh shall, subject to any other provision made by the President in this behalf, be the same as the conditions of service of the persons appointed to corresponding services and posts in Central Civil Services of the Government of India and shall be governed by the same rules and orders as are applicable to the latter category of persons; 57 (OA No. 060/600/2021 & Ors.)
(ii) in Group 'D' under the administrative control of the Administrator of the Union Territory of Chandigarh shall, subject to any other provision made by the President in this behalf, be the same as the conditions of the service of the persons appointed to the corresponding Group C posts in Central Civil Services of the Government of India and shall be governed by the same rules and orders as are applicable to the latter category of persons :
Provided that in case of persons appointed to the services and posts under the administrative control of the Administrator of the Union Territory of Chandigarh, who were earlier drawing scales of pay at the rates admissible to the corresponding categories of employees of the Government of Punjab, it shall be competent for the Administrator to revise their scales of pay from time to time so as to bring them at par with the scales of pay which may be sanctioned by the Government of India from time to time to the corresponding categories of its employees :
Provided further that the conditions of service including the pay scales in respect of a teaching faculty of--
(i) a Technical University or Institution, which is governed by the All India Council for Technical Education or Council of Architecture; and
(ii) a Higher Educational University or Institutions, which is governed by the University Grants Commission, vide regulations as made by such Councils or Commission, as the case may be, under any law for the time being in force as applicable, shall be such as specified in the said regulations.
(2) Notwithstanding anything contained in sub-rule (1), a person appointed to the services and posts under the administrative control of the Administrator of the Union Territory of Chandigarh shall be subject to transfer from one Department to another Department so long as such transfer does not adversely affect the pay and allowances, seniority or promotion and all other financial benefits as applicable to such persons.
Meaning thereby, the rules and regulations framed by the UGC are applicable in the institutions and the respondents institutions are run by the University Grants Commission. The same has been specifically 58 (OA No. 060/600/2021 & Ors.) provided in the Proviso Rule 2 of the Notification dated 29.03.2022.
48. As the respondents are in administrative control of the Union Territory of Chandigarh and in view of the judgement passed by the Hon'ble High Court in the matter of Dr. Joginder Pal Singh (supra), all these Original Applications are allowed and the respondents are directed to allow the applicants to continue in service till the age of 65 years as provided under the UGC Regulations 2010/UGC Regulations 2018 mandating the retirement age as 65 years for all teachers in Centrally Funded Institutions, as has been held as such in case of similarly situated employees in Dr. Joginder Pal Singh (supra). The applicants are also held entitled to all consequential benefits and the same be released within a period of two months from the date of receipt of a certified copy of this order.
49. The applicants who stood relieved in terms of Punjab Rules on attaining the age of superannuation, shall be given option to re-join in view of our judgement and if they opt to come back, that will be subject to seniority and availability of vacancies and refund of retirement dues already taken from the respondents. 59 (OA No. 060/600/2021 & Ors.)
They will get notional benefits from the date of relieving and on rejoining, no arrears of pay and allowances will be paid for the said period.
50. Further, the Education Secretary (Respondent No. 3 in lead case) is directed to ensure that a uniform system is adopted by all colleges in case of retired employees within a period of six weeks from the date of receipt of a certified copy of this order.
51. There shall be no order so as to costs.
52. A copy of this order be placed in all other connected files.
(RASHMI SAXENA SAHNI) (RAMESH SINGH THAKUR)
Member (A) Member (J)
ND*