MANJEET SINGH SAINI Vs. UNION OF INDIA

JUDGEMENT

(1.) Instant writ petition filed under Art. 226 of the Constitution of India, lays challenge to office order dated 3.5.2021, Annexure P-6, whereby respondent No.3 Dr. Shatrughan Singh, Assistant Professor, Composite Regional Centre, Sundernagar, has been directed to take over the charge of Officer-In-Charge, CRC Sundernagar for a term of two years or till further orders in addition to his own duties with effect from 10.5.2021, in place of the petitioner, who was otherwise holding said office since the year 2003.

(2.) For having a bird's eye view of the matter, certain undisputed facts germane for the adjudication of the present dispute are that the respondent No.2 i.e. National Institute for the Empowerment of Persons with Visual Disabilities (Divyangjan) (hereinafter, 'Institute'), earlier known as the national Institute for the Visually Handicapped, Dehradun, is a society registered under the provisions of Societies Registration Act, 1860 with effect from 21.10.1982, an autonomous body governed by its Executive Council. For the management and administration, the Institute has formulated its own by-laws/rules and regulations, which otherwise stand duly approved by the Ministry of Social Justice and Empowerment, Government of India. The Ministry of Social Justice and Empowerment, Department for Empowerment of Persons with Disabilities (Divyangjan) functions for the empowerment and upliftment of the differently-abled persons and as such a total number of seven National Institutes and twenty Composite Regional Centre for Skill Development, Rehabilitation and Empowerment of Persons with Disabilities ('CRC', for short), have been set up in the various parts of the country. CRC's function as an extended arm of the National Institutes. Administration and jurisdiction of the CRC's has been distributed and re-distributed amongst National Institutes, vide communication date 7.5.2020, issued under the signatures of the Under Secretary, Ministry of Social Justice and Empowerment, Department for Empowerment of Persons with Disabilities (Divyangjan). In the year 2001, one such CRC came to be established at Sundernagar, District Mandi, Himachal Pradesh. The administration and jurisdiction of the aforesaid CRC vests with the National Institute Dehradun, Uttrakhand. Currently, CRC Sundernagar has four posts of Assistant Professors on regular basis viz. (1) Assistant Professor (Special Education)-cum-Officer-In-Charge, (2) Assistant Professor (Clinical Psychology), (3) Assistant Professor (Speech and hearing) and, (4) Assistant Professor (Physical Medicines and Rehabilitation). As per prevalent practice, the senior most Assistant Professor is given the additional duties of administration and accounts and he/she acts as an Officer-In-Charge.

(3.) Post of Assistant Professor (Special Education)-cumOfficer-In-Charge, prior to the issuance of impugned office order dated 3.5.2021, was being manned by the petitioner whereas, respondent No.3, who pursuant to the aforesaid impugned order, has been given the charge of the Officer-InCharge, CRC Sundernagar is otherwise Assistant Professor (Clinical Psychology). Undisputedly, petitioner joined the service as a Teacher (Special Education) at special centre functioning under respondent No.2 in the year 1989, whereafter, he was transferred and posted at CRC Srinagar (J&K). Upon establishment of CRC Sundernagar, which is under the administration and control of respondent No.2, petitioner besides his having been posted as Assistant Professor (Special Education), also came to be designated as Officer-In-Charge, vide letter dated 13.7.2001.