Punjab-Haryana High Court
Sanjeet Dhull & Ors vs Pt.B.D.Sharma University Of Health Sc. ... on 8 July, 2024
Author: Jasgurpreet Singh Puri
Bench: Jasgurpreet Singh Puri
Neutral Citation No:=2024:PHHC:083840
CWP-15052-2016 -1-
218
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-15052-2016
Date of decision: 08.07.2024
SANJEET DHULL & ORS.
...Petitioners
VERSUS
PT. B.D. SHARMA UNIVERSITY OF HEALTH SCIENCES ROHTAK &
ORS.
...Respondents
CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI
Present:- Mr. D. S. Patwalia, Senior Advocate with
Mr. Gaurav Rana, Advocate for the petitioners.
Mr. Amit Rao, Advocate for
Mr. Anurag Goyal, Advocate for respondents No.1 and 2.
Mr. Tejas Bansal, Advocate for
Mr. S. K. Aggarwal, Advocate for respondents No.3 to 23.
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JASGURPREET SINGH PURI, J. (Oral)
1. The present writ petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of certiorari for quashing the promotion orders dated 06.07.2016 (Annexure P-11) vide which 21 Clerks working with the respondent-University have been promoted to the post of Assistant without there being any adjudication on the seniority of the clerical cadre or any circulation of the seniority list and further directing the respondent-University to formulate a seniority list of the clerical cadre and as a consequence thereof place the petitioners en bloc senior in the clerical cadre as they were recruited at a higher grade pay.
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2. Learned Senior Advocate appearing on behalf of the petitioners submitted that it is a case where the petitioners were working as Data Entry Operators in the respondent-University and vide Annexure P-6 dated 06.03.2014, the Vice Chancellor of the respondent-University passed an order on the basis of some instructions issued by the Government of Haryana that the nomenclature of the posts of Clerks/Clerk-cum-Typist/Droga-cum-Clerk/Paying Clinic Cashier/Clerk-cum-Data Entry Operator/Data Entry Operator/Accounts Clerk/Computer is changed to a single and uniform nomenclature of Clerk and the aforesaid posts were clubbed together. He further submitted that thereafter, promotion of various employees have also been effected on the basis of the aforesaid merger of cadres and even some of the petitioners have also been promoted.
3. Learned Senior Advocate appearing on behalf of the petitioners also submitted that however just after about 2½ years, the Vice Chancellor of the respondent-University passed another order on 28.12.2016, which although is not on the record of the present case but he has supplied a photocopy of the aforesaid order, which is hereby taken on record as Mark-'X'. While referring to the aforesaid order he submitted that by way of Mark-'X', the Vice Chancellor of the respondent-University has withdrawn the earlier order dated 06.03.2014 (Annexure P-6) and in this way, a lot of confusion has arisen as to what will be the fate of the persons who are now again put in their original cadres and how the promotions are to be effected. He further submitted that the effect of aforesaid Annexure P-6 read with Mark-'X' is now unknown but the matter is being delayed by the Vice Chancellor of the respondent-University 2 of 5 ::: Downloaded on - 22-07-2024 16:27:09 ::: Neutral Citation No:=2024:PHHC:083840 CWP-15052-2016 -3- only on the ground that some approval is required from the State Government. He further submitted that some clear cut decision may be taken by the Vice Chancellor of the respondent-University with regard to the effect of the aforesaid orders on all the employees.
4. Learned counsel appearing on behalf of respondents No.1 and 2- University submitted that necessary approval is being sought from the State Government but the same has not been received as yet.
5. I have heard the learned counsels for the parties.
6. When notice of motion was issued by this Court in the present case on 29.07.2016, the following order was passed:-
"Pleadings on record would indicate that the petitioners herein were recruited as Data Entry Operators with the respondent/University on different dates between the year 2008 to 2012. Apparently, the respondent/University in the year 2014 followed and adopted a State Government decision and whereby a change of nomenclature of the entire non-teaching stream was effected and Data Entry Operators, Office Associates, Clerks-cum-Data Entry Operators, Clerks-cum-Typists, etc. became part of a unified cadre of Clerks.
The precise grievance raised in the present petition is that without determining the seniority inter-se members of such unified cadre of Clerks promotions are being effected to the post of Assistants.
Notice of motion, confined on such limited issue, returnable for 22.11.2016.
In the meantime, it is clarified that promotions made by the University to the post of Assistants without finalizing 3 of 5 ::: Downloaded on - 22-07-2024 16:27:09 ::: Neutral Citation No:=2024:PHHC:083840 CWP-15052-2016 -4- the seniority of cadre of Clerks would be subject to the outcome of the present petition."
7. A perusal of the aforesaid would show that notice of motion was issued with regard to the limited precise grievance raised by the petitioners in the petition regarding determination of the inter-se seniority of members of such a unified cadre. However, later on a development has taken place whereby vide Mark-'X', the Vice Chancellor of the respondent-University has withdrawn the aforesaid order Annexure P-6. Now the only grievance of the learned Senior Advocate appearing on behalf of the petitioners is that a conscious decision has to be taken by the Vice Chancellor of the respondent-University in this regard pertaining to the effect of the aforesaid orders so that a separate seniority list be maintained pertaining to all the cadres which have been unified and thereafter segregated again and also the effect of the same on the order of promotion which has been made pertaining to all the employees.
8. This Court is of the considered view that once the aforesaid order dated 06.03.2014 (Annexure P-6) has been withdrawn vide Mark-'X' by the Vice Chancellor of the respondent-University himself, then the Vice Chancellor of the respondent-University ought to have passed an order with regard to the effect of the aforesaid orders when various promotions have been made on the basis of the order which has been withdrawn. The employees of the respondent- University have a right to know their status with regard to their cadre, their seniority and their promotion and the same cannot be lingered on only because of the reason that necessary approval has not been given by the State Government.
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9. However, during the course of arguments learned Senior Advocate appearing on behalf of the petitioners has referred to Annexure P-9 to contend that so far as the role of the State Government is concerned, it has already been clarified by the State Government vide Annexure P-9 that action can be taken by the respondent-University at its own level.
10. In view of the above, the present writ petition is disposed of with a direction to the Vice Chancellor of the respondent-University to consider and decide the aforesaid issues pertaining to the effect of the aforesaid two orders i.e. Annexure P-6 and Mark-'X', their effect upon the seniority of various employees, their cadres and promotions, if any, made on the aforesaid cadres, within a period of four months from today. In this regard, liberty is also granted to the petitioners to make a representation to the Vice Chancellor of the respondent-University and in case any representation is filed within a period of one month from today, then the same shall be considered and decided by the Vice Chancellor of the respondent-University within the aforesaid period of four months.
(JASGURPREET SINGH PURI)
08.07.2024 JUDGE
Chetan Thakur
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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