G VARANDANI Vs. KURUKSHETRA UNIVERSITY

JUDGEMENT

(1.) Special leave granted in S. L. P. (C) Nos. 22833 and 21612 of 1997.

(2.) The above appeals have been filed by one or the other of the parties before the High Court against the decision rendered in this group of cases. So far as C. A. No. 8703/1997 is concerned, it is against the decision in CWP No. 15256/96, which came to be disposed of on 5-8-1997 by an order "For orders, See C. W. P. No. 18312 of 1996". While dealing with the case in CWP No. 18312/96, the Division Bench made the observation even at the threshold that the said judgment shall dispose of Civil Writ Petition Nos. 14263, 16256, 16005 and 18312 of 1996 as the question of law canvassed is identical and the facts alone are taken from CWP No. 18312/96 filed by one Sunil Deshta. C. A. No. 8703/97 : This is against the order in CWP No. 15256/96.

(3.) As on 21-1-1994 the appellant in this appeal was serving as a confirmed Reader in the Faculty of Law of Kurukshetra University, when he applied for selection to the post of Professor at the Kurukshetra University Post Graduate Regional Centre, Sirsa, in terms of advertisement issued inviting applications therefor on 27-7-1994, this appellant was said to have been selected as a Professor for the Law Faculty Centre at Sirsa and was placed incharge of the Centre, by their regular appointment letter dated 15-8-1994 placing on probation for a period of one year with effect from the date of joining. The pay scale offered and the allowances admissible as per the University Rules for Post Graduate Regional Centre Sirsa/Hissar, etc. were also indicated therein. While so, on 29-12-1995 the appellant came to be appointed as Dean, Faculty of Law, at the said Centre for a term of three years w.e.f. 1-1-1996 to 31-12-1998. On 2-7-1996, it appears that the appellants conformation as Professor in charge of Law at Sirsa was postponed and the appellant was allowed to keep his lien on the substantive post of Reader in the Faculty of Law at Kurukshetra. On 16-8-1996, the Government of Haryana, in exercise of powers under S. 4 of the Kurukshetra University Act, 1986, excluded the Sirsa Centre from its jurisdiction and on 19-8-1996, the Kurukshetra University issued a Notification that in terms of the Haryana Government Notification, the Sirsa Centre stood transferred to the Guru Jambheshwar University, Hissar, w.e.f. 26-7-1996. There is no dispute over the fact that the posts of the Sirsa Centre were also transferred to the jurisdiction of the new University at Hissar by the operation of S. 35 of the G. J. University Act, 1995. This appellant seems to have made representations on 19-8-1996 and again on 17-8-1996 to the authorities of the Kurukshetra University about his status and claim that he continued to be an employee of Kurukshetra University and, therefore, ought to be taken back as Professor in the main Faculty of Law of which he claimed to be an integral part under the Kurukshetra University Act and Statutes made therein. When the appellant was informed that he should first get himself relieved of his charge at Sirsa Centre from the G. J. University to enable him to join as a Reader in the Faculty of Law, Kurukshetra University at Kurukshetra. It is at this stage the Writ Petition No. 15256/96 seems to have been filed not only to quash the relevant proceedings, but also for a direction to the Kurukshetra University to take back the appellant as Professor, Department of Law, with continuity of service with all consequential benefits.