GURPREET KAUR Vs. PANJAB UNIVERSITY

JUDGEMENT

(1.) The present judgment shall dispose of two writ petitions i.e. CWP Nos.9104 and 18756 of 2015. The facts are being taken from the second writ petition being CWP No.18756 of 2015 'Gurpreet Kaur v. Panjab University and others', since a speaking order has been passed rejecting the claim of the petitioner for regularization against the post of Assistant Professor (Education) in the Department of Correspondence, vide order dated 17.07.2015 (Annexure P-10).

(2.) It is pertinent to mention that she already stood relived on 30.04.2015 (Annexure P-9) and had approached this Court prior to the said date and direction had been issued on 08.04.2015 (Annexure P-7) to decide her legal notice dated 27.02.2015 (Annexure P-5) and pass a speaking order after giving opportunity of hearing to her.

(3.) The reasons which have been spelt out for rejecting her claim is that the post of Assistant Professor has to be filled up by way of direct recruitment after making public advertisement as per the regulations of the University and in the absence of any policy of regularization, the said benefit could not be granted. She had also applied against the advertisements, but did not make it to the merit list. The examples of two other employees who had been granted the benefit of Non-Teaching (Academic) posts were confirmed employees. They have been given the designation of Assistant Professor being personal to them against the substantive posts and the judgments passed in State of Karnataka v. Uma Devi, 2006(2) S.C.T. 462 : 2006 (4) JT 420, State of Haryana v. Piara Singh, 1992(3) S.C.T. 201 : AIR 1992 SC 2130 and R.K. Panda v. Steel Authority of India, 1994 (3) SCT 635 were held to be not attracted.