CWP-3136-2019 IN T 221 Bandana Rani and Guru Nanak Dev U CORAM: HON ***** Present : Mr. Mr. M ***** AMAN CHAUDH 1. Praye to allow the petiti regular incumbent 2. In th pendency of the p others vs. State o present petition w been disposed of petitioners, which been unable to c distinctive aspects relevant paras whe 9 (O&M) IN THE HIGH COURT OF PUNJA AT CHANDIGARH CWP Date and others Versus Dev University and another HON'BLE MR. JUSTICE AMAN C ***** Mr. Vivek Sharma, Advocate for the Mr. MK Dogra, Advocate for the resp ***** AUDHARY, J. (ORAL) yer made in the present petition petitioners to continue on the post o mbent join. In the index of the petition, relianc f the petition i.e. CWP-5592-2017 ti tate of Punjab and others and vide tion was ordered to be heard along w sed of vide judgment dated 13.08.2 which learned counsel for the respon e to controvert regards the factual aspects in the aforementioned judgme as whereof read thus:- “Learned counsel for th 1 UNJAB & HARYANA ARH CWP-3136-2019 (O&M) Date of decision: 22.01.2025 ...Petitioners ...Respondents AN CHAUDHARY or the petitioners. he respondents. ition is for directing the respondents post of Assistant Professor till the reliance had been placed upon the 017 titled as Gurpreet Singh and d vide order dated 06.12.2022, the ong with the same, which has since 3.08.2024, covers the case of the respondents despite best efforts has actual position and draw out any judgment or cite any contrary law, for the petitioners submits that the ents l the the and , the e the has any law, t the ASHOK KUMAR 2025.01.23 10:59 I attest to the accuracy and integrity of this document CWP-3136-2019 9 (O&M) prayer of the petitioners is th continue in service till the wo are working exists subject to conduct and they be not re contractual employees on the s Learned counsel for th that further prayer of the petit selected candidates joins, the p on the basis of length of the having lesser length of servic compared to the employee havi Learned counsel for th that as the petitioners are w keeping in view the judgment o of India in State of Punjab an others 2017 SCC 148, their cla of the pay scale along with D.A Learned counsel appe University submits that it has way of reply that petitioners w set of contractual employee conditions and they will be al till the work of the post on w subject to their satisfactory wor Learned counsel for the submits that qua the grant of m D.A., a committee has alrea appropriate order on the clai passed within a period of thr receipt of copy of this order an the said committee, the petition relief, the same will be extend further 08 weeks. Learned counsel for the submits that the said order will employees, who are already w University as of now. At this stage, learned submits that though, learned University submitted that the p by another set of contractual e and conditions but one of the Singh in CWP-5592-2017 has action of the respondent-Univ keeping in view the statement respondent-University. Learned counsel for submits that the said grievan Singh will also be looked into 2 s is that they should be allowed to he work of the post on which they ject to their satisfactory work and not replaced with another set of the same terms and conditions. for the petitioners further submits e petitioners is that in case, regular s, the petitioners should be relieved of their service and the employee service should be relieved first as ee having more length of service. for the petitioners further submits are working on contractual basis, ment of the Hon’ble Supreme Court jab and others vs. Jagjit Singh and eir claim for the grant of minimum ith D.A. should also be considered. appearing for the respondent- it has already come on record by ners will not be replaced by another ployees on the same terms and l be allowed to continue in service t on which they are working exists ry work and conduct. or the respondent-University further nt of minimum pay scale along with already been constituted and an e claim of the petitioners will be of three months from the date of rder and in case, as per the report of etitioners are found entitled for any extended to them within a period of or the respondent-University further er will be made applicable upon the eady working with the respondent- arned counsel for the petitioners arned counsel for the respondent- t the petitioners will not be replaced ctual employees on the same terms of the petitioner namely, Gurpreet 7 has already been replaced, which University needs reconsideration ement of the learned counsel for the l for the respondent-University rievance of the petitioner-Gurpreet d into by the respondent-University d to they and t of mits ular ved yee t as mits asis, ourt and um by ther and vice xists ther with an l be e of rt of any d of ther the ners aced rms reet tion r the rsity reet rsity ASHOK KUMAR 2025.01.23 10:59 I attest to the accuracy and integrity of this document CWP-3136-2019 3. The p 22.01.2025 ashok Whet Whet 9 (O&M) and in case, it is found that s has been replaced by the anot the same terms and conditions the said petitioner-Gurpreet S given to him and in case, it petitioner-Gurpreet Singh hav reason other than just for speaking order will also be pa months. Learned counsel for submits that in case any regula reduction in work so as to redu of service rendered by the em while relieving the employees. At this stage, learned submits that some of the petit now as their services have shortage of work. Learned counsel for submits that in case work of petitioners were working exist University issues an advert personnel for the said posts, th be considered on priority basi work and conduct. Learned counsel for t keeping in view the statement the respondent-University, pre disposed of having been not p be given to the petitioners that the respondent-University petitioners, they can avail an redressal of the same. Keeping in view the disposed of having been not terms with liberty as prayed for The petition is disposed of in terms of Whether speaking : Whether reportable : 3 that said petitioner Gurpreet Singh e another contractual employee on ditions, appropriate relief for which reet Singh is entitled for, will be se, it is found that services of the gh have been terminated for any t for replacing him, appropriate be passed within a period of three l for the respondent-University regular incumbent joins or there is a o reduce strength of the staff, length the employee will be kept in mind oyees. arned counsel for the petitioners e petitioners are not working as of have been terminated due to the l for the respondent-University rk of the said posts on which the g exists as of now and respondent- advertisement for appointing the sts, the claim of the petitioners will basis subject to their satisfactory for the petitioners submits that ement made by learned counsel for ty, present petitions may kindly be not pressed any further but liberty rs that in case, any order passed by sity causes prejudice to the ail an appropriate remedy for the the above, present petitions are n not pressed any further in above yed for.” rms of Gurpreet Singh (supra). (AMAN CHAUDHARY) JUDGE Yes/No Yes/No ingh e on hich l be the any riate hree rsity is a ngth ind ners s of the rsity the the will tory that l for y be erty d by the the are ove ASHOK KUMAR 2025.01.23 10:59 I attest to the accuracy and integrity of this document