SANDEEP SALARIA Vs. CHAIRMAN HIMACHAL PRADESH PRIVATE EDUCATIONAL INSTITUTIONS REGULATORY COMMISSION, MAJITHA HOUSE COMPLEX, SHIMLA­2

JUDGEMENT

(1.) This order shall dispose of the above captioned writ petitions, as the grievance expressed by the petitioners in both the cases is common in nature. Facts are being extracted from the lead case, i.e., CWP No. 19 of 2019.

(2.) Petitioner in this case was working as Assistant Professor (Mechanical Department) in Arni University since 9/5/2014. His grievance in the instant writ petition is that he has not been paid salary and other allowances for the period from 1/11/2015 to May, 2016 and from January, 2018 till date. It is averred that despite repeated representations sent to the Registrar of the respondent-University, no heed is paid to the petitioner's request. On this premise, petitioner has further averred that denial of salary tantamounts to taking away right under Article 21 of the Constitution of India.

(3.) The petitioner relies upon a series of celebrated decisions, including (i) Fisheries Department, State of Uttar Pradesh Vs. Charan Singh, (2015) 8 SCC 150 ; (ii) Centre for Environment and Food Security Vs. Union of India and others, (2011) 5 SCC 676 and in special, the following observations made in Peerless General Finance and Investment Co. Ltd. and another Vs. Reserve Bank of India, (1992) 2 SCC 343 :