Punjab-Haryana High Court
Neeraj Avasthi And Others vs Punjab Technical University & Others on 20 July, 2010
Author: Surya Kant
Bench: Surya Kant
CWP No.5561 of 2009.doc -1-
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
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CWP No.5561 of 2009
Date of Decision: 20.07.2010
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Neeraj Avasthi and others . . . . . Petitioners
VS.
Punjab Technical University & Others . . . . . Respondents
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CORAM : HON'BLE MR.JUSTICE SURYA KANT
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1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
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Present: Mr. Sudhir Nahar, Advocate for the petitioners
Mr. Amrit Paul, Advocate for the respondents
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SURYA KANT J. (ORAL)
(1). The petitioners have sought a direction to the Punjab Technical University and the Director, COPARO PTU School of Manufacturing & Material Technology near Science City, Jalandhar, Kapurthala Road, Kapurthala for the release of their salary w.e.f. August 2008 onwards.
CWP No.5561 of 2009.doc -2-(2). Upon notice, the Punjab Technical University has filed its short-reply/affidavit, inter alia, averring that the school was being run by the Society and the University had no obligation to pay the Salary etc. (3). On 5th July, 2010, this Court passed the following order:-
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"Post again for further consideration on 20.07.2010. Let notice be issued to the newly-added respondent No.3 for the date fixed.
Meanwhile, the Registrar, Punjab Technical University and the Director, CAPARO PTU School of Manufacturing & Material Technology are directed to release the undisputed arrears of salary to the petitioners before the adjourned date failing which they shall remain present in Court. The non-compliance of this order shall be viewed seriously and this Court shall be constrained to take coercive steps against the defaulting authorities. "
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(4). In compliance thereto, an affidavit has been filed by
one Praphool Gandhi who is stated to be working as Project Manager with the CAPARO-PTU School, giving details of the period during which the petitioners are said to have worked in the aforesaid school and were not paid salary in lieu thereof.
CWP No.5561 of 2009.doc -3-(5). Learned counsel for respondent No.1 has also handed over a Photostat copy of the four Demand Drafts whereby the petitioners' salary for the period referred to in the above-mentioned affidavit has been sent to them by post.
(6). According to the respondents, the school is lying defunct/closed since October 17, 2008 and the Director of the School had also left the service w.e.f. 08.11.2008. Similarly, the existing students were also shifted to DAV Institute of Engg. & Technology, Jalandhar in October, 2008.
(7). In the light of the above-stated specific plea taken by the respondents, it is obvious that the issue as to whether or not the petitioners have served the Institute after 17.10.2008 is a seriously disputed question of fact which cannot be gone into by this Court in exercise of its writ jurisdiction.
(8). The writ petition is accordingly disposed of with liberty to the petitioners to have recourse before an appropriate forum, if so advised, to seek salary for the period after 17th October, 2008.
(9). Ordered accordingly.
CWP No.5561 of 2009.doc -4-
(10). Dasti.
(SURYA KANT)
JUDGE
20.07.2010
vishal shonkar