Central Administrative Tribunal - Chandigarh
Sukhwinder Singh vs Technical Education Chandigarh on 23 March, 2023
1
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
O.A. No. 60/272/2023
Chandigarh, this the 23rd day of March, 2023
HON'BLE SH. RAMESH SINGH THAKUR, MEMBER (J)
HON'BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)
1. Sukhwinder Singh, Aged 37 years, S/O Sh. Satinder Pal
Singh, working as Lecturer (On Contract) in Electronics and
Communication Engineering, Chandigarh College of
Engineering and Technology, Diploma Wing, Sector 26,
Chandigarh-160019, R/o H.No 25 Silver City Extension,
Zirakpur, Punjab PIN 140603.
2. Munish Bansal, Aged 39 years, S/O Sh. Amarnath Bansal,
working as Lecturer (On Contract) in Computer Science and
Engineering, Chandigarh College of Engineering and
Technology, Diploma Wing, Sector 26, Chandigarh-160019,
H.No 6 Red Villa, Green Enclave, Zirakpur, Punjab PIN
140603.
3. Sarabjit Kaur, Aged 35 years, D/O Sh. Harminder Singh,
working as Lecturer (On Contract) in Electronics and
Communication Engineering, Chandigarh College of
Engineering and Technology, Diploma Wing, Sector 26,
Chandigarh- 160019, H.No 1458/17, Sector 29-B,
Chandigarh, 160030
4. Raj Kumar Verma, Aged 36 years, S/O Sh. Bhag Singh,
presently as Lecturer (On Contract) in Production &
Industrial Engineering, Chandigarh College of Engineering
and Technology, Diploma Wing, Sector 26, Chandigarh-
160019, R/o Vill & PO Seoh, Teh Dharampur Distt-Mandi,
HP PIN 175051
5. Monika Sharma, Aged 39 years, W/o Sh. Tilak Raj Sharma,
presently working as Lecturer (On Contract) in Electronics
and Communication Engineering, Chandigarh College of
2
Engineering and Technology, Diploma Wing, Sector 26,
Chandigarh-160019, H No. 1092, Sector 43-B, Chandigarh
PIN-160022.
6. Navneet Kaur Virk, Aged 41 years, D/o Narain Singh Virk,
presently working as Lecturer (On contract) in Applied
Science Department, Chandigarh College of Engineering
and Technology, Diploma Wing, Sector 26, Chandigarh-
160019, R/o H.No 77, B-Block, 3rd Floor, Golden Tone
Society, Sector 80, Mohali, Punjab PIN 140308
7. Navyugdeep Singh, Aged 36 years, S/o Gursharan Singh,
presently working as Lecturer (On Contract) in Production &
Industrial Engineering in Electronics and Communication
Engineering, Chandigarh College of Engineering and
Technology, Diploma Wing, Sector 26, Chandigarh-160019,
R/o B002 9660, New Swaraj, Kharar
8. Santosh Kumar Yadav, Aged 37 years, S/o Bhibuti Yadav,
presently as Lecturer, (On Contract) in Computer Science
and Engineering, Chandigarh College of Engineering and
Technology, Diploma Wing, Sector 26, Chandigarh-
160019, R/o H.No.411, Shiva Enclave, Pabhat Road,
Zirakpur, Mohali, Punjab PIN-140603
9. Sumeet Kaur, Aged 37 years, D/o Sh. Avtar Singh,
presently as Lecturer (On Contract) in Computer Science
and Engineering, Chandigarh College of Engineering and
Technology, Diploma Wing, Sector 26, Chandigarh-160019,
Chandigarh R/o #2736C, Sec-70, Mohali, PIN-160071
10. Rupinder Kaur, Aged 41 years, D/o Satpal Singh, presently
working as Lecturer in English (On contract) in Applied
Science Department in Applied Science Department,
Chandigarh College of Engineering and Technology,
Diploma Wing, Sector 26, Chandigarh-160019, R/o #803,
Tower-1, JLPL Sky Gardens, Sec-66A, Mohali, 140308
(Group A)
...Applicant
(BY ADVOCATE: Sh. Rohit Seth along with Sh. Sanjay Kaul)
3
VERSUS
1. Union Territory, Chandigarh through its Administrator, U.T.
Secretariat, Sector- 9, Chandigarh-160009.
2. Secretary Technical Education, Union Territory, Chandigarh,
Sector 9, Chandigarh-180009.
3. Director, Technical Education, U.T. Chandigarh, Sector-12,
Chandigarh-160012.
4. Principal/ Head of Department (Electrical Engineering),
Chandigarh College of Engineering and Technology, Sector 26,
Chandigarh-160019.
...Respondents
(BY ADVOCATE: Sh. Arvind Moudgil on receiving advance copy of O.A)
O R D E R(Oral)
Per: RAMESH SINGH THAKUR, MEMBER (J):
M.A. No. 649/2023 This application has been filed by the applicants seeking permission to prosecute the original application jointly on the ground that common cause of action has arisen and relief prayed for is also the same.
In view of this, M.A. is allowed.
The applicants are allowed to prosecute the original application jointly.
4O.A. No. 272/2023
1. Heard.
2. Issue notice to all the respondents.
3. Sh. Arvind Moudgil appears and accepts notice on behalf of the respondents.
4. This application has been filed by the applicants against the non action of the respondents whereby the representations annexed at Annexure A-13 has not been decided yet. From pleadings the case of the applicants is that applicants are working in colleges under the respondent department. All the applicants were appointed against the sanctioned posts created in U.T. Chandigarh by the competent authority in their respective subjects/posts of Lecturers in Electronics & Communication Engineering, Applied Science Department, Production & Industrial Engineering, Computer Science Engineering, Civil Engineering, Electrical Engineering and Mechanical Engineering on the basis of advertisement in the Newspapers to which they applied being fully eligible.
5. All the applicants were appointed on the contract basis and their contract was extended from time to time. All the applicants are still working as contract employees. Learned counsel for the applicant submitted that the applicants have 5 made individual representations annexed as Annexure A-13 (colly) for regularization of their services which are still pending.
6. At this stage, learned counsel for the applicants submitted that applicants will be satisfied if the competent authority is directed to decide the representations of the applicants at Annexure A-13 (colly) within a time bound manner.
7. Learned counsel for the respondents has no objection, if, competent authority is directed to decide the representation within a time bound manner as per law.
8. This Tribunal has considered the matter and is of the view that natural justice will be met if competent authority is directed to decide the same within time bound.
9. Resultantly, respondent No. 2 is directed to decide the Annexure A-13 (colly) within eight weeks after receiving a certified copy of this order.
10. Needless to say that the competent authority shall pass a reasoned and speaking order and all the contentions raised in Annexure A-13 shall also be dealt with.
11. With these observations, this original application is disposed of at the admission stage itself. Applicants are directed to make available the copy of this Tribunal's order as 6 well as copy of the original application to the competent authority.
12. It is made clear that this Tribunal has not touched the merits of the case.
(RASHMI SAXENA SAHNI) (RAMESH SINGH THAKUR)
Member (A) Member (J)
ms*