VIJAY KUMAR GUPTA Vs. GURU GHASIDAS UNIVERSITY

JUDGEMENT

(1.) Since in all the aforesaid petitions, the petitioners have challenged the order dtd. 19/2/2010 passed by respondent No.2- Registrar (Incharge), Guru Ghasidas University, whereby the regularization order dtd. 26/8/2008 of the petitioners has been declared annulled and cancelled from 22/9/2008, the same are being decided by this common order.

(2.) The petitioners have prayed for quashment of the order, whereby pursuant to the cancellation of order of regularization, the regular salary paid to them on the scale admissible to a regular employee, has been directed to be recovered in monthly installment.

(3.) Facts of the case, as projected by the petitioners in the aforesaid petitions, are that the petitioners are employees of Guru Ghasidas University (hereinafter referred to as 'the University'). In pursuance to the Circular No. F12-1/2007/1-3, dtd. 5/3/2008 of the General Administrative Department, Govt. of C.G., the decision taken by the Executive Council and direction passed by the Director, Higher Education Department, Govt. of Chhattisgarh, vide order dtd. 26/8/2008, the petitioners' services were regularized under the self finance scheme against the vacant post at regular pay scale and accordingly, the petitioners had been drawing respective regular pay scale till March, 2009. Thereafter, suddenly without passing any order or informing the petitioners and without affording any opportunity of hearing to the petitioners, the regular pay scale which was granted to the petitioners and similarly regularized employees was withdrawn and payments are being made at the collectorate rate of Rs.2,972.00 per month. The petitioners filed writ petition bearing WP(S) No.2471/2009 and other connected matters before this Hon'ble Court challenging the same in which the notice was issued to the University. However, without contesting the case before the Hon'ble High Court, the respondent No.2-Registrar (In-charge), University, passed the impugned order dtd. 19/2/2010, whereby the regularization order dtd. 26/8/2008 of the petitioners have been declared annulled and cancelled from 22/9/2008 after the withdrawal of salary of regular employees from the petitioners, though being a regular employee, from the month of April, 2009, dehoring Sec. 4(d) of the Central University Ordinance, 2009, Guru Ghasidas Vishwavidyalaya, Bilaspur (hereinafter referred to as 'the Act of 2009'). Hence, these petitions for the following reliefs:- (In WPS No.2953/2010)