Central Administrative Tribunal - Chandigarh
Amanpreet Kaur W/O S. Jaspreet Singh vs Chandigarh Administration Through Its ... on 23 February, 2012
CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH CHANDIGARH O.A.NO. 340/PB/2011 Decided on: 23.02.2012 Coram: Honble Mr. Justice S.D. Anand, Member (J) Honble Mr. Promilla Issar , Member (A) Amanpreet Kaur W/o S. Jaspreet Singh, age 30 years, resident of House No. 4, Phase I, Mohali. .Applicant Versus
1. Chandigarh Administration through its Home Secretary-cum-Education Secretary, UT Secretariat, Sector 9, Chandigarh.
2. Director, Public Instruction (Colleges), Department of Higher Education, Deluxe Building, UT, Sector 9, Chandigarh.
3. Principal, Post Graduate Government College, Sector 11, Chandigarh.
4. Ms. Venu, Lecturer (Environmental Sciences) GCCBA, Sector 42, Chandigarh.
5. Ms. Sunita Arya, Lecturer (Environmental Sciences) PCGCG, Sector 42, Chandigarh.
6. Shri Raj Kumar, Lecturer (Environmental Sciences), PGGCM, Sector 11, Chandigarh.
(Respondent No. 4 to Respondent No. 6 are working under Director, Public Instruction (Colleges), Department of Higher Education, Deluxe Building, UT, Sector 9, Chandigarh) ..Respondents Present: Mr. D.R. Sharma, counsel for the applicant Mr. Arvind Moudgil, counsel for the respondents Order (Oral) BY HONBLE MR. JUSTICE S.D. ANAND, MEMBER(J)
1. During the course of hearing, learned counsel for the applicant has restricted the claim raised herein to the grant of benefit in terms of the view obtained by this Tribunal in O.A. No. 33/CH/2011 titled Vandana Jain & Others Vs. Union of India & Others .
2. It is beyond the pale of controversy that the applicant had initially been appointed as a Contractual Lecturer for the indicated duration and the appointment came to be terminated on completion of that period. The grievance of the applicant is that in view of the law laid down in Vandana Jains case, she would be entitled to continuation of contractual appointment till she is replaced by a regular appointee.
3. An identical controversy came up for adjudication before this Tribunal in Vandana Jains case(supra). Therein too, the applicants were contractual appointees and they had applied for invalidation of termination of their services. The Tribunal noticed the respective stances adopted by the parties and recorded findings in favour of the applicants therein. The relevant findings are extracted hereunder:-
At the same time, we reiterate that contractual lecturers cannot be replaced by contractual lecturers. This reaffirmation is in respectful accord with the view obtained by the learned Co-ordinate Benches of this Tribunal. Those two judicial pronouncements are reported as Krishan Kumar Vs. U.T. Chandigarh:2004(3) CAT Chandigarh Bench 229 and Gurinderbir Singh & Others Vs. Union Territory, Chandigarh & Another O.A. No. 549-CH of 1997, decided along with the connected cases on 2.7.1998
4. It is common ground that though the respondents have gone in for a judicial review challenge against that judgment, It is only one facet of the directions (pertaining to preparation of a common seniority list of contractual appointees), which came to be stayed by the High Court.
5. Learned counsel for the parties agree that no other part of the directions, granted by this Tribunal, has come to be stayed by the High Court.
6. In the light thereof, we would allow this O.A. and uphold the entitlement of the applicant to the benefit of the judgment rendered in Vandana Jains case (supra). The directions shall be complied with forthwith.
7. There shall be no order as to costs of the cause in the facts and circumstances of the case.
(JUSTICE S.D.ANAND) MEMBER (J) (PROMILLA ISSAR) MEMBER (A) PLACE: Chandigarh Dated: 23.02.2012 mw
- 3- O.A. No.340/PB/2011