LAWS(UTN)-2014-4-72

PANTNAGAR VISHWA VIDHYALA LEKHA FORAM Vs. VICE CHANCELLOR OF GOVIND BALLABH PANT AGRICULTURE AND TECHNOLOGY UNIVERSITY

Decided On April 01, 2014
Pantnagar Vishwa Vidhyala Lekha Foram Appellant
V/S
Vice Chancellor Of Govind Ballabh Pant Agriculture And Technology University Respondents

JUDGEMENT

(1.) HEARD Mr. Anurag Bisaria, Mr. Ganesh Kandpal and Mr. Ghanshyam Joshi, learned counsel for the petitioners, Mr. Sharad Sharma, learned Senior Advocate assisted by Mr. Pradeep Chamiyal, learned counsel for respondents, Mr. Rajendra Dobhal, Senior Advocate assisted by Mr. G.D. Joshi, learned counsel for the University and perused the record.

(2.) ALL these writ petitions, which are being decided by single order raise a common issue, which is as to whether "Krishi Vigyan Kendra" (hereinafter referred to as "KVK") which was a project with the University, namely, "Govind Ballabh Pant University of Agriculture and Technology" (hereinafter referred to as University), actually merged with the University in 2003. In case, it is a merger, as it is being alleged by the petitioners what would be the consequential affect to their status and condition of service will be the further determination.

(3.) THE University was created by a Statute known as "U.P. Agricultural University Act, 1958. The University is under full Administrative as well as Financial Control of the State Government. Earlier it was in the State of Uttar Pradesh now it is in the State of Uttarakhand. The salaries, allowances and perks etc. of the University are being funded by the State exchequer. There are various categories of employees in the University including Teachers, Accountants, Clerks, Class -IV employees etc. Since University specialized in the filed of Agriculture, it also undertakes a number of projects under which employment is given to persons. The project with which we are presently concerned is a project known as "Krishi Vigyan Kendra" (in short 'KVK'), which is a project established by the Indian Council of Agricultural Research (hereinafter referred to as "ICAR"). ICAR is a Government of India body, devoted to the field of agricultural research in the country and is totally funded by Government of India. ICAR runs various projects all over the country. In this process it has opened some projects which are known as "KVK" which are under the University for this a Memorandum of Understanding (in short "MOU") was signed between the ICAR and the University. A MOU between them has been annexed as Annexure No. 2 in the WPSS No. 949 of 2013.