SUBHASH CHANDER DOHROO Vs. H P UNIVERSITY

JUDGEMENT

(1.) THE petitioners, who at the relevant time were the employees of the H.P. University, had earlier filed writ petition being CWP No.827 of 1992 which was disposed of on 22.09.1997 on the ground that this Court had no jurisdiction to entertain the matter and the petitioners were directed to approach the H.P.State Administrative Tribunal. THEreafter the petitioners filed O.A. No.49 of 1998 before the erstwhile Tribunal. After the abolition of the Tribunal this original application has been transferred to this Court in terms of the Himachal Pradesh Administrative Tribunal (Transfer of Decided and Pending Cases and Applications) Act, 2008, and now registered as CWP (T) No. 4828 of 2008.

(2.) THE undisputed facts are that the petitioners were employees of the respondent-University. THE State of H.P. granted selection grade to its employees. THE University's employees also took up the matter and prayed that selection grade be granted to them. THE University accepted the prayer of its employees and the Executive Council of the University vide its decision dated 26.4.1977 was pleased to grant of selection grade for various posts, subject to the condition that it would be admissible to 20% of the permanent posts. Other conditions as applicable with the Government were to continue with which we are not concerned. THE fact is that the Executive Council of the H.P. University vide resolution No.6 in its meeting held in August, 1979 was pleased to grant selection grade to the petitioners w.e.f the year 1977.

(3.) THEREAFTER, the Secretary (Agriculture) who probably was in-charge of the H.P.Krishi Vishwa Vidyalaya looked into the matter and correspondence issued between the Secretary (Agriculture) and the H.P.University wherein it was admitted by the University that those employees of the H.P.University who had been transferred to the H.P.Krishi Vishwa Vidyalaya were not considered for grant of selection grade even if the selection grade was to be released prior to 1.11.1978. THEREAFTER, the Secretary (Agriculture) sent a letter dated 10.6.1983 to the University ordering the setting-aside of the grant of selection grade by the H.P.University which had been effected prior to 1.11.1978 and further directed that selection grade be given w.e.f.1.1.1978 on the basis of the joint seniority as it existed on the said date. The petitioners obviously were not satisfied and agitated against this action of the Secretary (Agriculture). One of the arguments was that the Secretary (Agriculture) had no authority to issue such direction. Even if the Secretary (Agriculture) had no jurisdiction to issue such directions the fact of the matter is that the Executive Council of the H.P.University in its meeting held on 18.1.1994 took the following decision in the matter:-