GURBACHAN LAL Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) By this order two writ petitions, namely, C.W.P. No. 15371 of 2000 and C.W.P. No. 4579 of 2002 are proposed to be disposed of because the relief claimed by the petitioner relates to his service career involving different stages. The petitioner approached this Court by filing first petition with a prayer for releasing him revised pay scale of Rs. 12000-420-18300 with a pay fixation of Rs. 14940/- w.e.f. 1.1.1996 at par with other Assistant Professors of Regional Engineering College, Kurukshetra (respondent No. 4). He also claimed arrears on account of pay revision which were wrongly denied to him alongwith interest @ 18 percent p.a. from 1.12.1999 asserting that similarly situated Assistant Professors in the Regional Engineering College (respondent No. 4) were paid the same pay scale. Further direction was sought to respondents to confirm the petitioner as Assistant Professor by placing reliance on Bye-law 11 of the Bye-laws framed by the Regional Engineering College (Kurukshetra) Society as the petitioner had already completed three years period probation and accordingly to include his name at the appropriate place in the inter-departmental seniority list of the College.

(2.) The second petition came to be filed on 28.2.2002 when one month's notice was issued to the petitioner for dispensing with his services in the Enterpreneurship Development Cell (for brevity the ED Cell) w.e.f. 31.3.2002. A prayer has been made for quashing the afore-mentioned notice with all consequential benefits. A further prayer has been made for quashing the decision taken by the Board of Governors on agenda item No. 94.26 in its meeting held on 19.11.2001. According to the afore-mentioned decision, the Board of Governors had dis-agreed to merge the ED Cell with the College and had authorised the Principal to terminate services of the petitioner. The petitioner has also prayed for a direction to the respondents to merge ED Cell with the College in terms of the guide-lines issued by the Ministry of Science and Technology (National Enterpreneurship Development Board Division), New Delhi, respondent No. 1.

(3.) Brief facts of the case are required to be examined by referring to the background which led to establishment of ED Cell at the Regional Engineering College, Kurukshetra (respondent No. 4) :