TEACHERS ASSOCIATION OF CENTRAL UNIVERSITY OF PUNJAB (REGD ) Vs. CENTRAL UNIVERSITY OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Present writ petition under Articles 226/227 of the Constitution of India has been filed by Teachers Association of Central University of Punjab (for short, "the petitioner-Association") for quashing of order dated 6.9.2018 (Annexure P/2) whereby the respondent-authorities deputed the members of the petitioner-Association on duty of Zila Parishad and Panchayat Samiti Elections- 2018, which is not permissible as per law.

(2.) As per the petitioner-Association, the teachers, who are 58 in number, were informed vide impugned letter dated 6.9.2018 issued by the Registrar of respondent No.1-University (for short, "the respondentUniversity") that Deputy Commissioner, Bathinda, (respondent No.2 herein), deputed them for the forthcoming elections of Zila Parishad and Panchayat Samitis. The election and counting in Bathinda is scheduled for 19.09.2018. The petitioners represented the matter, but no action was taken by respondent No.2.

(3.) Contention was raised by learned counsel representing the petitioners that the Associate Professors and Assistant Professors (teaching faculty) are drawing basic pay and grade pay higher than that of Deputy Commissioner and in no way are subordinate to the Deputy Commissioner. Otherwise also, deputing the teachers on election duty will adversely effect the studies in the University, which has been deprecated by Hon'ble Supreme Court in Election Commission of India Vs. St. Marys School and others, Appeal (Civil) No. 5659 of 2007, decided on 6.12.2007.