Central Administrative Tribunal - Chandigarh
Ramphal S/O Shri Karan Singh Jbt Teacher vs Chandigarh Administration Through ... on 17 February, 2011
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
i)O.A. NO.538-CH of 2010
ii) O.A. No.563-CH of 2010
iii)O.A.No.591-CH of 2010
&
iv)O.A.No.585-HR of 2010
Chandigarh, this the 17th day of February, 2011
CORAM:HONBLE SMT. SHYAMA DOGRA, MEMBER(J)
HONBLE SMT. PROMILLA ISSAR, MEMBER(A)
i)O.A. NO.538-CH of 2010:
1. Ramphal S/o Shri karan Singh JBT Teacher, Govt. High School, Hallo Majra, U.T. Chandigarh.
2. Rajesh Kumar S/o Sh. Dharam Pal JBT Teacher, Govt. High School, Colony No.4, Chandigarh.
3. Ishwar Dayal S/o Shri Jagmal Singh JBT Teacher, Govt High School Colony No.4, Chandigarh,
4. Yashpal S/o Shri Harpal Singh JBT Teacher, Govt Model Senior Secondary School, Mani Majra, Housing Complex, Mani Majra, U.T Chandigarh.
5. Rajbir Singh S/o Shri Bhim Singh JBT Teacher, Govt. High School, Karsan, U.T. Chandigarh.
6. Jagmahander Singh S/o Shri Jagdish Chander JBT Teacher, Govt. High School, Karsan, U.T. Chandigarh.
7. Jodha Singh S/o Shri Kapoor Singh JBT, Govt. High School, Karsan, U.T. Chandigarh.
8. Kamal Deep S/o Shri Agya Ram JBT Teacher, Govt. Model Senior Secondary School, Mani Majra, Housing Complex, Mani Majra, U.T. Chandigarh.
9. Hardev Singh S/o Shri Bhagat Raj JBT Teacher, Govt. Model Senior Secondary School Mani Majra Housing Complex, U.T. Chandigarh.
10. Dev Raj S/o Shri Ram Murati Sharam JBT Teacher, Govt Model Senior Secondary School, Mani Majra Housing Complex, U.T. Chandigarh.
11. Shiv Kumar S/o Shri Mahi Pal Singh JBT Teacher, Govt Model Senior Secondary School, Sector 26, (Timber Market), Chandigarh.
12. Kuldeep Singh S/o Shri Manohar Singh JBT Teacher, Govt. Model Senior Secondary School, Sector 26,(Timber Market), Chandigarh.
13. Rajesh Garg S/o Shri Anil Kumar JBT Teacher, Govt. Model Senior Secondary School, Sector 26, (Timber Market), Chandigarh.
14. Kuldeep S/o Shri Bihari Lal JBT Teacher, Govt Model Senior Secondary School, Mani Majra Town, U.T. Chandigarh.
15. Jag Pal Sharma S/o Shri Geeta Sharama JBT Teacher, Govt. Model Senior Secondary School, Mani Majra Town, U.T. Chandigarh.
16. Rakesh Dhiman S/o Shri Ram Niwas JBT Teacher, Govt. High School, Colony No.4, Chandigarh.
17. Ramakant S/o Shri Mai Chand JBT Teacher, Govt. Model Senior Secondary School, Sector 56, Chandigarh.
18. Anil Kumar S/o Shri Ishwar Singh JBT Teacher, Govt. High School, Hallo Majra, U.T. Chandigarh.
19. Sadhana D/o Shri Mahender Singh JBT Teacher, Govt. Middle School, Sector 26, Chandigarh.
20. Ranjana D/o Shri Kuldeep Chand JBT Teacher, Govt. High School Sector 29-B, Chandigarh.
21. Vijay Kumar S/o Shri Som Nath, JBT Teacher, Govt. High School, Sector 11, Chandigarh.
22. Dilip Kumar S/o Mam Chand JBT Teacher, Govt. Moderl Senior Secondary School, Mani Majra Housing Complex, Mani Majra, U.T. Chandigarh.
23. Purshotam S/o Shri Sube Singh JBT Teacher, Govt. Model Senior Secondary School, Karsan, Chandigarh.
24. Rupinder Singh S/o Shri Surinder Singh TGT (Punjab), Govt. High School, Hallo Majra, Chandigarh.
25. Nirmla Kumari D/o Shri Parkash Chander TGT (Punjab), Govt. Model Senior Secondary School, Mani Majra Town, Chandigarh.
26. Kamaljeet Kaur W/o Sukhwinder Singh PGT (History), Govt. Senior Secondary School, Dhanas, Chandigarh.
APPLICANTS
BY ADVOCATE: MRS. ANU CHATRATH.
VERSUS
1. Chandigarh Administration through Education Secretary, Union Territory, Chandigarh.
2. The Director, Public Instruction (S), Chandigarh Administration, U.T. Chandigarh.
3. The District Education Officer, Union Territory, Chandigarh.
RESPONDENTS
BY ADVOCATE: SHRI ARVIND MOUDGIL
ii)O.A. NO.563/CH/2010:
1. Rajinder Kaur D/o Shri Balour Pritam Singh T.G.T. (Punjab), Govt. Sr. Secondary School, Kaimbwala U.T. Chandigarh , Now R/O House 1766/1, Sector 39-B, Chandigarh.
2. Sandeep Kumar S/o Shri Satpal J.B.T. Teachear, Govt. Primary School, Sector 56, Palsora Colony Chandigarh, Now R/O Street No.12, Ektra Nagri, Mandi Dabwali District Sirsa, Haryana.
3. Harmit Kaur D/O Shri Surender Singh T.G.T. Punjabi, Govt. Model High School, Sector 26, (Timber Market), Chandigarh, Now R/O House No.315, Sector 41-A Chandigarh.
4. Charanjit Kaur D/O Shri Nath Ram T.G.T. Punjabi, Govt. High School, Mauli Jagran Chandigarh, Now R/O 4609, Sector 46-B, Chandigarh.
5. Geetanjli D/O Shri Tarsem Lal T.G.T. Punjabi Govt. Sr. Secondary School, Khuda Lahora Chandigarh Now R/O House No.242, Phase-III-A, Mohali.
6. Jalwinder Kaur D/O Shri Harijinder Singh T.G.T. Punjabi Govt. Model Sr. Secondary School, Sector 19, Chandigarh Now R/O House No3323, Sector 21-D, Chandigarh.
7. Manbir Kaur W/O Shri Tarunbir Singh P.G.T. English Govt. Model Sr. Secondary School, Sector 20-D Chandigarh, Now R/O House No.271, Phase III-B, Mohali.
8. Ramesh S/O Shri Deva Singh P.G.T. English Govt. Model Sr. Secondary School, Sector 44, Chandigarh Now R/O House No.320, Darua, Chandigarh.
9. Tripta Arora W/O Shri Rupan Arora P.G.T. English Govt. Model Sr. Secondary School, Sector 46, Chandigarh Now R/O House No.1654, Sector 15, Panchkula.
10. Kamini Manro W/O Shri Mandeep Puri P.G.T. Political Science Govt. Model Sr. Secondary School, Sector 8, Chandigarh Now R/O V.P.O. Mullanpur Garibdas. Tehsil Kharar, Distt. Mohali.
11. Vinod Kumar S/O Shri Piare Lal J.B.T. Teacher, Govt. Model High School, Vikas Nagar Chandigarh Now R/O V.P.O. Hakikat Nagar, Narwana Road Near Jain Sathanak, Distt. Jind (Haryana).
12. Ajit Singh S/O Shri Raj Singh J.B.T. Teacher Govt. High School, Karsan (RD), Chandigarh Now R/O V.P.O. Mirchpur, Tehsil & Distt. Hisar.
13. Bijender S/O Shri Chander Pal J.B.T. Teacher Govt Middle School, Sector 52, Chandigarh Now R/O V.P.O. Pegan Tehsil & District Jind, (Haryana).
14. Manjit Singh S/O Shri Kishan Lal J.B.T. Teachder Govt. High School, Mauli Colony Chandigarh Now R/O V.P.O Baroda Mor, Tehsil, Gohana District Sonepat (Haryana).
15. Rupinder Bedi D/O Shri S.S. Bedi N.T.T. Teacher Govt. Model School, Makhan Majra, Chandigarh Now R/O House 243, Krishan Enclave Dhakoli, Zirakpur, District Mohali (Punjab).
16. Amardeep Kaur D/O Shri Bakshish Singh T.G.T. Punjabi Govt. Moder Sr. Secondary School, Sector 33-D, Chandigarh Now R/O House No.2275, Phase X, Mohali.
17. Manpreet Kaur W/O Shri Ravinderjit Singh T.G.T. Punjabi Govt. Sr. Secondary School, Khuda-Ali-Sher U.T. Chandigarh.
18. Surinder Kaur W/O Shri Dharminder Singh T.G.T. Punjabi Govt. Sr. Secondary School, Mani Majra Town, Chandigarh Now R/O House No.2380, Mariwala Town Mani Majra, Chandigarh.
19. Jasbir Kaur D/O Shri Harbans Singh T.G.T. Punjabi Govt. Model High School, Sector 29-A, Chandigarh Now R/O V.P.O. Hoshiarpur, Tehsil Kharar District Mohali.
20. Devinder W/O Shri Amit Puri P.G.T. English Govt. Model Sr. Secondary School, Sector 10, Chandigarh Now R/O House No.1033, Sector 40-B, Chandigarh.
21. Suman W/O Shri Sandeep Singh P.G.T. English Govt. Model Sr. Secondary School, Sector 15-C Chandigarh Now R/O House No.2197, Sector 45-C, Chandigarh.
22. Yamuna Thakur W/O Dhanesh Thakur P.G.T. Geography Govt. Sr. Secondary School, Sector 15-C Chandigarh Now R/O House No.1740 MIG Flat, GF Sector 39-B, Chandigarh.
..APPLICANTS
BY ADVOCATE: MRS. ANU CHATRATH.
VERSUS
1. Chandigarh Administration through Education Secretary, Union Territory, Chandigarh.
2. The Director, Public Instruction (S), Chandigarh Administration,
U.T. Chandigarh.
3. The District Education Officer, Union Territory, Chandigarh.
RESPONDENTS
BY ADVOCATE: SHRI ARVIND MOUDGIL.
iii) O.A. NO.591/CH/2010:
1. Ms. Bhawna Bhaskar daughter of Prem Sagar resident of 5097/B Sector-38 West, Chandigarh.
2. Neha Barthwal daughter of Madan Lal Barthwal resident of 3264,
Sector 22/D, Chandigarh.
3. Ekta wife of V Rishi Sahnan resident of 16/A, Sunrise Complex,
Zirakpur.
4. Renuka Rani daughter of Randhir Kumar resident of 884, IInd, Floor,
Sector 9, Panchkula.
5. Usha Rani daughter of Om Prakash resident of 474/2 Pipliwala Town, Manimajra.
6. Varinder Kaur daughter of S Amarjeet Singh resident of 216 Sector 20-A, Chandigarh.
7. Kiran wife of Bhawani Singh resident of 279, Sector 26 Phase-I, Chandigarh.
8. Bindu Verma wife of Simran Verma resident of 52 Sector 16, Panchkula.
9. Mona Rani daughter of Som Nath Mittal resident of 1432A, Sector 35-B, Chandigarh.
10. Vandana daughter of Balwant Singh resident of 399-A, Sector 43-A, Chandigarh.
11. Kishore son of Dalip Singh resident of 3445 (TF), Sector 38-C, Chandigarh.
12. Poonam Rani daughter of Nitin resident of 260 Phase 2, Mohali.
13. Diljot Kaur daughter of S Balwant Singh resident of 2466 Sector 19-C, Chandigarh.
14. Nitika daughter of Satish kumar Sharma resident of 787 Sector 25, Panchkula.
15. Neha Mehta daughter of Shiv kumar Mehta resident of 3257/1 Sector 40-D, Chanidgarh.
16. Anita chandel wife of Balbir Singh Chandel resident of 1340, Pushpak Complex, 49-B, Chandigarh.
17. Archana wife of Rohit Dudeja resident of 5561, 38(West), Chandigarh.
18.Mamta wife Dr. Vinay Kunwar resident of 1745 Sector 39-B,
Chandigarh.
19.Neha Saini Daughter of Tersame Kumar Saini resident of 1406-F, Sector
11, Chandigarh.
20.Bhavna wife of Sandeep Angra resident of 1464, Sector 49-B,
Chandigarh.
21.Anuradha wife of Mandeep Singh resident of 151Kishan Garh,
Chandigarh.
22.Ambika wife of Jasjit Singh resident of 2134-A, Sector 66, Chandigarh.
23.Vandana daughter of Om Parkash resident of 1036 Sector 10, Panchkula.
24.Renuka Sharma daughter of Devi Dyal Sharma resident of 1423 Sector
25 Panchkula.
25.Nisha daughter of Gopal Singh resident of 2094 Sector 23 Chandigarh.
26.Reena Gupta wife of Vinay Gupta resident of 104. Green Park Zirak Pur.
27.Anita daughter of Rishi Kumar resident of 2590. Sector 44, Chandigarh.
28.Vibuti Sharma daughter of Shakti Prasad Sharma resident of 2365 Sector
38 Chandigarh.
29.Anukampa daughter of S B Saul resident of 331, Improvement Trust
Colony Scheme No.2, Rahimpur Road, Hoshiarpur.
30.Deepa Kumari daughter of Paras Ram resident of 316 Sector 29-A,
Chandigarh.
31.Suman Bala wife of Neeraj resident of Gali No.4, Sadhu Nagar, Derabassi.
32.Neetu Bala wife of Anudeepam resident of 849, Sector 38-A,
Chandigarh.
33.Nishitha daughter of Bharat Singh resident of 1475, Sector 29B,
Chandigarh.
34.Nidhi Kaushik daughter of S R Kaushik resident of 402 GH 18, Sector 5,
Pnachkula.
35.Anu Garg daughter of Surinder K. Garg resident of 3466, Sector 38-D,
Chandigarh.
36.Priyanka Panicker daughter of R K Panicker resident of 667 Sector 12-A,
Panchkula.
37.Damyanti Sharma wife of Ramesh Sharma resident of 1200/1, Chaman
Colony, Dhanas.
38.Ranjana Sharma daughter of Hari Om Sharma resident of 3305, 24-D
Chandigarh.
39.Ishita Singal daughter of Sunil Kumar Singal resident of 2316, 35-C,
Chandigarh.
40.Tardish wife of Rajpreet Singh resident of 2058 Sector 68, Mohali.
41.Sukhwinder Kaur daughter of S Kesar Singh resident of 1385 Nagla
Mohalla Manimajra.
42.Anjana Sankhian daughter of Satya Pal Rana resident of 33234, Sector
24-D, Chandigarh.
43.Meena daughter of Surjit Singh resident of 4799/3 Patel Road Ambala
City.
44.Rajnish Kumari daughter of Tara Chand resident of 3125 Sector 46-C
Chandigarh.
45.Shikha Chopra daughter of Sunil Chopra resident of 220 Sector 44A,
Chandigarh.
46.Preeti Irodha daughter of R C Irodha resident of 80 Subash Nagar,
Manimajra.
47.Ranjana wife of Rakesh Kumar resident of 1309, Ward No.6, near
Ramlila Ground Dera Bassi.
48.Babita Hooda wife of yashdeep Hooda resident of 767, Sector 25
Chandigarh.
49.Rajeshwari daughter of Punard Ram resident of 122, New Campus
Khudda Lahora, Chandigarh.
50.Samriti Sharma wife of Harish Kumar resident of 71, Sector 12-A,
Panchkula.
.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(S), Education Department, Delux Building,
U.T., Sector 9, Chandigarh.
3.District Education Officer, U.T. Chandigarh, Sector 9, Chandigarh.
.Respondents
BY ADVOCATE: SHRI ARVIND MOUDGIL
iv)O.A.NO.585/HR/2010
1. Dev Dutt Sharma S/o Sh. Prem Chand r/o Village Gajhan, P.O- Morni Hills, Panchkula, Haryana.
2. Toshi Rani Sharma S/O Sh. Krishan chand r/o VPO- Mandana
(Siri ka vass), Panchkula, Haryana.
APPLICANTS
BY ADVOCATE: SHRI J.S. BEDI.
Versus
1. The Chandigarh Administration though Secretary Education, U.T. Chandigarh.
2. The Director, Public Instructions, Chandigarh Administration, U.T., Chandigarh.
3. The District Education Officer, U.T. Chandigarh.
4. Sunita D/o Sh. Dharaveer r/o 2232, Sector 19-C, Chandigarh.
5. Pooja Sharma D/o Sh. Anil Sharma r/o 1906, Sector 43-B, Chandigarh.
6. Jagdeep Singh S/o Sh. Raghubir singh, House No.7, Gali No.9, Jawahar Nagar, Hissar.
7. Hunny Saluja S/o Sh. Jivan Dass r/o Saluja Handloom House, Near Railway Station, Barara, Ambala, Haryana.
8. Sudesh Rani D/o Raj Kanwar, House No.1402, Adarsh Nagar, Naya Gaon, Mohali, Punjab.
9. Sanay Kumar S/o Sh. Ved Pal r/o c/o Ranjan Lohan, House No. 1509, Sector 22-B,Chandigarh.
10. Seema Devi D/o Sh. Babu Ram r/o 4721/2, Housing Board Complex, Sector 38(West), Chandigarh.
11. Nisha Devi D/o Sh. Joginder Singh r/o 3571, Sector 22-D, Chandigarh.
12. Meenu Rani D/o Sh. Phool Kumar r/o VPO Ikkas, Distt. Jind.
13. Sarita W/o Sh. Umesh Mehendiratta, r/o VPO Saha, Disst. Ambala.
14. Krishan Kumar S/o Sh. Ved Pal VPO- Kharkar Bhatol, Tehsil Hansi, Distt. Hissar, Haryana.
15. Sunil Kumar S/o Sh. Rambhagat r/o Shiv Colony near Bus Stand, Jind.
..RESPONDENTS
BY ADVOCATE: SHRI ARVIND MOUDGIL.
ORDER
The commonness of questions of fact and law involved in these cases has persuaded us to dispose of these O.As by a common order.
2. The facts, in brief, are noticed as under.
3. The applicants in these O.As, who for some time worked in the Education Department of Union Territory of Chandigarh as Guest Faculty Teachers on fixed remuneration as PGTs/TGTs/JBTs, have filed these O.As. feeling aggrieved by the action of the respondents to relive them under orders, mentioned in the respective O.As., on completion of the academic session or due to summer vacations and the alleged attempt of the respondents to replace them by another set of Guest Faculty Teachers by issuing Advertisements/ Recruitment Notices, inviting applications for empanelment of Guest Faculty Teachers, again on contract basis, for various Government Schools of Union Territory of Chandigarh upto 31.3.2011, in which capacity they had previously been working.
4. The applicants have pleaded that the action of the respondents to replace them by another set of Guest Faculty Teachers is violative of numerous decisions of this Tribunal, the Honble Punjab & Haryana High Court and the Apex Court, particularly in the case of RATTAN LAL VS. STATE OF HARYNA & OTHERS : AIR 1987 SC 473. On various grounds canvassed in these O.As., the applicants have prayed that the impugned relieving orders and the impugned advertisements/ notices issued by the respondents, may be quashed and set aside and the respondents may be restrained from making appointments by way of a fresh selection process.
5. The respondents have controverted the averments made by the applicants by filing, in their discretion, short written statements in all the cases. The ground furnished by the respondents for initiating a fresh selection process is that it was necessitated on account of change in the terms and conditions due to the increase in remuneration and with a view to engage better and talented faculty with meritorious academic and professional record by providing fair and equal opportunity to all eligible candidates. However, the interests of Teachers, having past experience as Guest Faculty, have been taken care of by giving them weightage of marks according to the experience. A final list of Guest Faculty has, thus, been prepared which is placed as Annexure R-1 in O.A. No.538-CH of 2010.
6. The respondents have further clarified that pursuant to the aforementioned selection process, a number of applicants have been selected on contract basis on assessment of merit of the eligible candidates and keeping in view the requirement of Guest Faculty Teachers for various subjects. The selected candidates have been instructed to join duties in the respective schools allotted to them. The O.As. are, thus, rendered infructuous qua them.
7. We have heard learned counsel for the parties and have examined the pleadings and the documents available on record.
8. During the course of arguments, learned counsel for the applicants also placed reliance on a number of judicial pronouncement of various Courts, including that of the Apex Court in Civil Appeal No.8745 of 2003 in HARGURPRATAP SINGH & OTHERS VS. STATE OF PUNJAB & OTHERS, decided on 7.11.2003 on the points that contractual/ adhoc appointees cannot be replaced by another set of such employees and admissibility of suitable remuneration to such employees at the minimum of the pays scale of the regularly selected appointees etc.
9. The learned counsel for respondents cited the decision of the Apex Court in SECRETARY, STATE OF KARNATKA & OTHERS VS. UMADEVI & OTHERS : 2006(1) SC SLJ 480 in support of the plea that public employment is required to be given as per the Constructional requirements, the laws made thereunder and on the basis of a proper procedure established in that behalf. The contention, thus, is that the procedure adopted by the respondents is legally valid and the main concern of the Court would be only to oversee as to whether the Executive has acted fairly and has given a fair deal to its employees, consistent with the requirements of Articles 14 and 16 of the Constitution.
10. We may also observe that in a catena of decisions, including KRISHAN KUMAR VS. U.T. CHANDIGARH & OTHERS : 2004(3) SLJ 227 and SONIKA KOHLI VS. UNION OF INDIA : 2004(3) SLJ 54 it has been held that one set of appointees cannot be replaced by another set of persons appointed on the same basis unless there are other grounds, such as unsatisfactory work, misconduct or non-availability of sufficient number of posts etc. etc. It has also repeatedly been ordered by this Tribunal that such appointees are entitled to draw minimum of the pay scale as admissible to regular employees without any deductions for the period of artificial breaks and vacations.
11. On consideration of the case of the applicants herein in the light of the above law, we observe that this Tribunal cannot order outright re-joining of the applicants. Moreover, the position emerging in these cases is that a fresh Select List has been prepared and the selected candidates have been instructed to join duties in the respective schools.
12. Following the ratio laid down in the aforesaid cases, recently a Bench of this Tribunal decided two cases being O.A.NO.609-HR of 2010 titled Sanjay Kumar & Others Vs. Chandigarh Administration & Others & O.A.627-CH-2010 titled Dr. Harpreet Kaur & Another Vs. Chandigah Administration & Others, vide order dated 10.2.2011, with the following directions :-
11. In view of the above clarified position, the only direction which can be given in respect of the applicants, who have been re-selected, is that they may not be replaced by another set of contractual appointees unless of course in case their work and conduct is not found to be satisfactory, on account of any misconduct or non-availability of a clear-cut vacancy or if the post is filled up by a regular selected candidate as per rules. In so far as the claim of the applicants for salary for four months period is concerned, even this claim of the applicants is covered by the decisions mentioned above i.e. Krishan Kumar and Sonika Kohli (supra) and as such the re-selected applicants are held entitled to same pay as they were drawing before their re-engagement, without any deductions for the period of artificial breaks and vacations. These directions would be regarding only those applicants who, in pursuance of selection process, have been re-engaged, be it on contract basis or part time basis or if they are re-engaged in pursuance of directions now being issued by this Tribunal.
12. Insofar as the applicants who have not been selected pursuant to the selection process undertaken by the respondents subsequently, the respondents are directed to allow them to continue against the available posts while giving preference for re-engagement, if permissible as per law and if there is some more demand of Lecturers in the relevant subjects taught by the applicants.
13. We find that the case in hand is fully covered by the decision in the case of Sanjay Kumar & Others (supra) and is disposed of in the same terms, with a direction to the respondents to take action as per decision taken therein and as reproduced above.
14. These O.As stand disposed of accordingly.
15. No order as to costs.
(PROMILLA ISSAR) (SHYAMA DOGRA)
MEMBER(A) MEMBER(J)
Dated: February 17, 2011
`bss
1
(i)O.A. No.538-CH/2010, (ii)O.A. No.563-CH of 2010;
(iii)O.A. No. 591-CH of 2010 &
(iv)O.A. No. 585-HR of 2010