GURU GHASIDAS UNIVERSITY Vs. KU. ARCHANA SAXENA

JUDGEMENT

(1.) The Appellant-University has challenged the order dated 13.09.2018 passed by the learned Writ Court whereby it has set aside the order dated 03.04.2006 and resolution dated 30.03.2006 (Annexure P/11 and P/12, respectively to the writ petition) by which the order of grant of regular pay scale to respective respondents were withdrawn and they were treated as Assistant Librarian on contractual basis on fixed pay.

(2.) The facts of the case are that the Respondents herein were appointed as Contractual Assistant Librarian on 28.11.1999. After being appointed, the private Respondents joined their posts and were working as Assistant Librarian in the Appellant-University. While they were serving on contractual basis in the Appellant-University, they made a representation on 25.02.2004 for regularisation of their services and grant of regular pay scale. The Incharge Vice Chancellor of the University sent the representation to the Executive Council which remained pending. Subsequently, on 21.05.2004, one order was passed granting regular pay scale of Rs. 8000-275-13500/- to the private Respondents under the signature of the then Registrar who was said to be posted on deputation. When the post of Vice Chancellor and the Registrar was filled up by the regular Vice Chancellor and regular Registrar, then it was revealed that the private Respondents were wrongly granted regular pay scale as the appropriate authority i.e. the Executive Council has not passed any such resolution with regard to regularisation of the services of the private Respondents in the permanent cadre. Thus, the impugned resolution dated 30.03.2006 and the consequent order dated 03.04.2006 was passed by the University, withdrawing the earlier order granting regular pay scale and Respondents were treated as contractual Assistant Librarian.

(3.) Aggrieved by the aforementioned orders passed by the Appellant-University withdrawing the benefit of regular pay scale, the Respondents herein approached this Court by filing Writ Petition No. 605 of 2006 and 6148 of 2006. The learned Single Judge, after hearing the parties, came to the conclusion that the order of withdrawal of regular pay scale was in violation of principles of natural justice as prima facie no notice was issued to the private Respondents, and accordingly, set aside the resolution dated 30.03.2006 and order dated 30.04.2006, by its order dated 13.09.2018. It is these orders of the Writ Court which is under challenge before this Court in present appeals.