Himachal Pradesh High Court
Avtar Singh Gill vs Stte Of H.P & Others on 14 February, 2022
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
Avtar Singh Gill versus Stte of H.P & others CWP No.712 of 2022 .
14.02.2022 Present: Mr. Sanjeev Bhushan, Senior Advocate with Mr. Raj Kumar Negi,Advocate, for the petitioner.
Ms. Rita Goswami, Additional Advocate General, for the respondents CWP No.712 of 2022 & CMP No.1355 of 2022 Ms. Rita Goswami Additional Advocate General, accepts notice and waives service on behalf of respondents No. 1 to 3 and seeks time to file reply. Instructions/ reply be filed well before next date of hearing.
It is submitted by learned counsel for the petitioner that initially petitioner was engaged an Associate Professor(contract) in Department of General Surgery in Pandit Jawahar Lal Nehru Government Medical College and Hospital, Chamba on 2.2.2018 and thereafter, his contract was renewed for subsequent years, however, w.e.f 8.2.2020, contract of the petitioner was renewed as Assistant Professor (Contract) Department of General Surgery and this contract was renewed up to 7.2.2022 on year basis.
It has been further submitted by learned counsel for the petitioner by referring office order dated 16.12.2021 (Annexure P
7), that petitioner was permitted to avail Annual Winter Vacation w.e.f 30.1.2022 to 8.3.2022 in the second batch purporting that contract of the petitioner shall be continued after 7.2.2022 as earlier also, as evident from Annexure P3, contract of the petitioner was renewed on 9.7.2020 but w.e.f 8.2.2020 and also for the reason that he was not allowed to avail Winter Vacation during first batch. It is the case of the petitioner that now in order to remove the petitioner, unlike others engaged on contract basis in other Department of Medical College, petitioner's services have ::: Downloaded on - 14/02/2022 20:11:09 :::CIS been dispensed with w.e.f 7.2.2022 vide Annexure P8 on expiry of contract period and further steps have been taken by inviting .
applications vide communication dated 3.1.2022 Annexure P 9,wherein last date for applying for the post is 19.2.2022 and walk ininterview has been fixed 22.2.2022.
It has also been contended on behalf of the petitioner that services of the petitioner have been dispensed with not only for simple reason of expiry of contract but for agitating his cause by filing CWP No.3819 of 2021 in this Court which has not been taken in good taste by the respondents.
Learned Additional Advocate General has prayed for an opportunity to have complete instructions from the respondents before passing any interim order in favour of the petitioner or staying the process initiated vide Annexure P9, as prayed on behalf of petitioner.
Considering the entire facts and circumstances and submissions of learned counsel for the parties, matter is adjourned for listing the case before appropriate Division Bench on 21.2.2022 with liberty to the petitioner to apply for the post afresh in response to advertisement dated 3.1.2022 (Annexure P9) but without prejudice to his rights being agitated in present petition for extension of contract. Further prayer for staying the Annexure P9 shall be considered on next date of hearing so as to enable learned Additional Advocate General to have complete instructions before that.
CMP No.1356 of 2022
Petitioner is exempted from filing the complete typed copy of Annexure P7 with the petition at this stage, subject to ::: Downloaded on - 14/02/2022 20:11:09 :::CIS filing of the same within 7 days as and when directed to do so. Application stands disposed of.
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Petitioner is permitted to produce copy of order downloaded from the High Court website and concerned authority shall not insist for certified copy of the order, however, it may verify the order from the High Court website or otherwise.
February 14, 2022
to (Vivek Singh Thakur)
Vacation Judge
(veena)
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