YASHWANT DEV BHARDWAJ Vs. HIMACHAL PRADESH UNIVERSITY

JUDGEMENT

(1.) In the year, 1971, petitioners herein, came to be appointed as Clerks on daily wages basis in the Directorate of Correspondence Courses, Himachal Pradesh University. On 5/11/1971, respondents decided to hold competitive test of the staff engaged on daily wage basis for the purpose of selection as clerks on adhoc basis. Vide communication dtd. 18/12/1972 (Annexure P-1), respondents took a decision to create posts of clerks to be filled up on adhoc basis and in the same year, respondents made appointment to the aforesaid posts of clerk on adhoc basis. Perusal of aforesaid communication dtd. 18/12/1972, reveals that respondent University agreed in principal to create the posts as mentioned in the aforesaid annexure and Assistant Registrar was directed to observe necessary codal formalities in that regard. This Communication further reveals that newly created posts were approved in the budget for the year, 1972-73. Since regular vacancies of clerks were available with the respondent-University, it decided to appoint the existing daily wage Clerks on adhoc basis in the regular pay scale of Rs.110.00250. Since University had not framed any R&P rules, it decided to fill up aforesaid vacancies on adhoc basis, however, before making appointments on adhoc basis, petitioners as well as other similarly situate persons were made to appear before the Selection Board constituted under the Chairmanship of Director, Correspondence Courses, as is evident from the communication dtd. 5/11/1971, whereby decision to hold the competitive test of staff engaged on daily wage basis for the purpose of selection as clerk on adhoc basis in regular pay scale was taken. Though at the time of the appointment of the petitioners as clerk on adhoc basis, no rules for recruitment/promotion and conditions of service for ministerial and administrative services of the university were framed, but as per prevalent practice and procedure, the regular appointments of clerks were being made by the respondentUniversity on the basis of written test/dictation and interview. However, at subsequent stage, typing test was also introduced in place of dictation test of the candidates having undergraduate qualification. On 6/7/1973, Himachal Pradesh University Ministerial and Administrative Services (Recruitment, Promotions and Certain Condition of Services) Rules, 1973 were framed by the Executive Council of HP University. Though respondent-University through Recruitment Branch made appointment to the regularly created posts of the clerks in the University during 1972, but no steps were taken to regularize the adhoc appointment of the clerks in the Directorate of Correspondence Courses despite their having filed representation and litigation. However, subsequently, agreement inter-se Vice Chancellor of the University and representatives of Non-Teaching Employees Associations in August, 1973 came to be effected, which was further ratified by the Executive Council in its meeting on 31/8/1973 (Annexure P-3), but despite there being aforesaid agreement and decision of the Executive Council, respondent University failed to issue orders of regularization of the petitioners for more than five months. However, subsequently, vide order dtd. 22/1/1974 (Annexure P-4), Vice Chancellor, HP University, regularized the adhoc appointment of the persons including the present petitioners as clerk in the pay scale of Rs.110.004-330/5-100/5230/8-250 plus other allowances as admissible under the rules with immediate effect subject to certain conditions. Since some of the petitioners had applied for the post of clerk in the University directly and they appeared in the test and interview held for the purpose of direct recruitment and as such, were appointed as clerk on 15/4/1973, however, names of such petitioners were left out in communication dtd. 22/1/1974 (Annexure P-4) without any valid and plausible reasons though they were similarly situate to the rest of the petitioners.

(2.) Being aggrieved and dis-satisfied with the aforesaid decision of the respondent-university, the left out petitioners represented to respondent No.1 through the office of the Director, Correspondence Courses, but such representation of them was rejected without any reason and same was communicated to them vide communication dtd. 16/7/1975 (Annexure P-5). However, fact remains that all the petitioners were subsequently regularized vide orders dtd. 14/7/1977 w.e.f. 22/1/1974 as is evident from copy of the office order dtd. 14/7/1977 placed on record as Annexure P-7. Since petitioners herein despite their regularization were not given benefit of the service rendered by them on adhoc basis while counting the seniority, they approached the respondents but they were advised to wait till the time decision is rendered by this Court in CWP No. 137 of 1975, titled Ranjit Singh Thakur v. Himachal Pradesh University and Ors. In the aforesaid case, Ranjit Singh Thakur and others, had also challenged the action of the respondent University, whereby those persons were denied the benefit of adhoc service as clerk in the respondent university. Aforesaid writ petition having been filed by the Ranjit Singh and Ors came to be disposed of on 20/11/1978, on which date court passed following order:

(3.) Being aggrieved and dis-satisfied with aforesaid judgment rendered by the learned Single Judge of this court, respondent university preferred LPA, which was dismissed on 26/2/1979. After dismissal of the LPA having been filed by the respondent university, petitioners herein filed writ petition bearing CWP No. 265/1979, which however, was withdrawn in view of the order dtd. 24/7/1985, passed in CWP No. 280/1985, titled Rajender Dev and Ors v. Himachal Pradesh University, with liberty reserved to the petitioners to approach the court again in case they remain aggrieved.