SARWAN KUMAR Vs. SHYAM VERMA

JUDGEMENT

(1.) The University, is in appeal against the judgment dated 18.06.2011, passed by learned Single Judge, whereby the writ petition preferred by the respondents (petitioners therein), was allowed and impugned Annexure-P-9, i.e. office order dated 18.08.2010, was quashed.

(2.) Primarily question involved for adjudication in the instant appeal is: - Whether the university, which as per Government of India, Ministry of Agriculture/ICAR's circulars and as per its own pleadings in the writ petition, being bound by all directions/circulars/clarifications issued by ICAR in respect of pay scales/service conditions of its teachers, could have issued a Notification dated 18.12.2001, in complete variance to the directions of ICAR while professing to abide by the same. And whether based on such Notification issued by the University, could it have issued another bizarre Notification dated 17.01.2002, when these two Notifications resulted in absolute unjust enrichment of the petitioners and their undue promotions as Professors; and whether it was open for the University in the facts and circumstances of the case to correct its mistakes by issuing Notification dated 11.08.2010, in line with ICAR clarifications/circulars and to withdraw wrong benefits given to the petitioners by impugned order dated 18.08.2010, after realizing the mistakes committed by it, pointed out by Auditor General of Himachal Pradesh.

(3.) Parties are being referred to hereinafter as they were in the writ petition. The factual position of the case along with our observations is being given hereinafter: -