Baldev Singh vs Guru Nanak Dev University on 9 September, 2009

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Punjab-Haryana High Court

Baldev Singh vs Guru Nanak Dev University on 9 September, 2009

Bench: Ajay Tewari

RSA No.3171 of 2009                                   -2-


   IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                 CHANDIGARH

                               RSA No.3171 of 2009
                               Decided on : 09.09.2009

Baldev Singh                                   ... Appellant

                          versus

Guru Nanak Dev University,
Amritsar & another                             ...Respondents

CORAM : HON'BLE MR. JUSTICE AJAY TEWARI

Present : Mr. A.K. Vermani, Advocate
          for the appellant.
                             ****

1.Whether Reporters of local newspapers 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?

AJAY TEWARI, J. (ORAL)

This appeal has been filed against the concurrent judgments of the Courts below dismissing the suit of the appellant for declaring that the order dated 24.08.2006 recalling him from the post of Professional Assistant (Library) at the Regional Center, Gurdaspur to the post of Restorer, Guru Nanak Dev University, Amritsar as illegal and for permanent injunction restraining the respondents from recalling him under the said order. The following questions have been proposed:

i) Whether in the facts and circumstances of the present case, the ld. Courts have totally misread the evidence lead by the present appellant?

ii)Whether in the facts and circumstances of the present case, the ld. Courts below have wrongly RSA No.3171 of 2009 -2- come to the conclusion that he present appellant was merely appointed to post of Professional Assistant and not promoted as such?

iii)Whether in the facts and circumstances of the present case, the impugned judgments and decrees passed by the ld. Courts below are legally sustainable in the eyes of law?

All the questions are pure questions of fact. Learned counsel has referred me to Ex.D-4 where under he claims that when he was appointed as Professional Assistant , it was by way of promotion. Both the Courts below have considered this document and have rightly come to the conclusion that it nowhere suggests that the post was filled up by way of promotion.

I have not been able to persuade myself that the interpretation of the Courts below suffers from any infirmity.

Consequently, this appeal is dismissed.

September 09, 2009                              (AJAY TEWARI)
sonia                                               JUDGE

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