THE KHALSA COLLEGE, MANAGING COMMITTEE KHALSA COLLEGE, AMRITSAR AND OTHERS Vs. THE EDUCATIONAL TRIBUNAL, PUNJAB, CHANDIGARH AND OTHERS

JUDGEMENT

(1.) This Letters Patent Appeal has been directed against the order dated 6.1.2012, passed by the learned Single Judge, whereby the writ petition (CWP No. 7043 of 2010) filed by Dr. Davinder Singh Pannu (respondent No.2 herein) was allowed. The order dated 24.2.2010 (Annexure P-12) passed by the Educational Tribunal, Punjab, Chandigarh (hereinafter referred to as 'the Tribunal'), established under the Punjab Affiliated Colleges (Security of Service of Employees) Act, 1974 (hereinafter referred to as 'the Act') was set aside, and the appellants were directed to allow respondent No.2 to hold the post of Head of the Department of English.

(2.) We have heard learned counsel for the appellants and gone through the impugned order.

(3.) Respondent No.2 was appointed as Lecturer in the Department of English in the appellant college in the year 1975. Being the senior most Lecturer in the Department, he was appointed Head of the Department in July, 2007, in view of Clause 9.2 of the Guru Nanak Dev University, Amritsar Calendar (hereinafter referred to as 'the University Calendar'), which provides that "The Head of the Department shall be appointed by the Principal on the basis of seniority in the same college." Undisputedly, respondent No.2 worked as Head of the Department of English in the appellant college till 14.9.2008. He proceeded on leave from 15.9.2008 to 3.10.2009, which was duly sanctioned. After the expiry of the leave period, respondent No.2 was not permitted to join as Head of the Department, but vide letter/order dated 12.10.2009 (Annexure R-2/11), Principal of the appellant college allowed respondent No.2 to join as Lecturer.