Sumit Choudhary And ORS. v. State Of Haryana And Others
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH CWP-15815-2022 (O&M) Date of decision: 23.02.2023 Sumit Choudhary and others
...Petitioners
Versus
State of Haryana and others
...Respondents
CWP-14660-2022 (O&M) Dr. Narender Panwar and Others
...Petitioners
Versus
State of Haryana and others
...Respondents
State of Haryana and others
...Respondents
State of Haryana and others
...Respondents
CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL Present:- Mr. Shreenath A. Khemka, Advocate for the petitioners. Mr. Rajesh Gaur, Addl. AG Haryana.
**** HARNARESH SINGH GILL, J. (ORAL) The present judgment shall dispose of 04 writ petitions, i.e. CWP-15815-2022, CWP-14660-2022,
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"#$%%# &' (&( )'( " % %#&*% % #%#(+,% CWP-15815-2022 This common order will disposed of above 04 petitions, the fact have been taken from CWP.
Prayer in the petitions is for issuance of a writ in the nature of mandamus directing the respondents to continue with the services of the petitioners till regular appointments are made and to pay them full salary @ Rs.55,000/- for the break/vacations period, in terms of instructions/order dated 11.09.2019 (Annexure P-2) and further not to replace the petitioners with another set of contractual employees.
Learned counsel for the petitioners submits that the petitioners have been working as Guest Faculties on contract basis with respondent No.3State Institute of Engineering and Technology (SIET) since 2017-2022; that the SIET is a State Institute and falls under the Department of Technical Education, Haryana, as per the order dated 11.09.2019 and that according to the Clause 2 of the instructions/order, the remuneration is to be paid to the Guest Faculties/Guest Instructors throughout the academic year i.e. for 12 months and as per Clause 6, they can be removed by the Principal, if workload is not available or if their work and conduct is not found satisfactory, after following the principles of natural justice and the decision should be well reasoned.
Details of the petitioners in CWP-15815-2022 are as under:- Sumit Choudhary Civil Engg.
11.03.2019 Janender Kumar Mechanical Engg.
18.09.2018 Sandeep Mechanical Engg.
22.08.2019
Jatinder Kataria Mechanical Engg.
21.08.2019 Mukesh Kumar Mechanical Engg.
21.08.2019 Diyva Computer Sc. Engg.
17.09.2018 Deeksha Kanwal Computer Sc. Engg.
21.08.2019 Sahil Electronics Engg.
26.08.2016 Shiv Kumar Electronics Engg.
16.01.2017 Vishrut Malik Civil Engg.
05.09.2017 Heena Civil Engg.
18.09.2018 Hawa Singh Applied Science 08.01.2018 Deepak Kumar Computer Sc. Engg.
10.01.2022 Pawan Nain Mechanical Engg.
03.01.2022 Sandeep Kumar Mechanical Engg.
03.01.2022 Details of the petitioners in CWP-14660-2022 are as under:- Dr. Narender Panwar Mechanical Engg.
26.10.2021 Aayushi Chahal Computer Sc. Engg.
28.08.2018 Manisha Phogat Computer Sc. Engg.
06.09.2019 Neha Malik Computer Sc. Engg.
06.09.2019 Dr. Harish Kumar Electrical Engg.
26.10.2021 Anishta Computer Sc. Engg.
09.09.2019 Nirdesh Singh Electrical Engg.
26.10.2021 Sandeep Yadav Electrical Engg.
06.09.2019 Mohan Lal Sharma Mechanical Engg.
20.02.2017 Satyapal Mechanical Engg.
27.08.2018 Dr. Parveen Kumar Mechanical Engg.
05.09.2019 Suvidha Civil Engg.
12.09.2018 Dr. Sandeep Kharab Mechanical Engg.
26.10.2021 Dr. Vinay Singh Mechanical Engg.
26.10.2021 Dr. Priyanka Dhankar Applied Sciences 08.11.2021 Neha Electrical Engg.
26.10.2021 Dr. Preeti Applied Sciences 22.11.2021 Purnima Applied Sciences 26.11.2021 Details of the petitioners in CWP-18576-2022 are as under:-
Seema Ranga Computer Engg.
17.09.2018 Monika Computer Engg.
13.11.2017 Details of the petitioners in CWP-17297-2022 are as under:- Pradeep Kuhar (&- 11.09.2019 Hemant Kumar .##&- 29.08.2018 Manoj K. Poonia (&- 30.08.2018 Learned counsel for the petitioners further points out that the dispute is regarding the remuneration of vacation period, as during the said period, services of the petitioners are discontinued and no remuneration for said period, is paid to them which itself is against the instructions/order dated 11.09.2019 of the Principal Secretary to Government Haryana, Technical Education Department. It is further contended that the Director General, Technical Education Department, Haryana, has issued a clarification to earlier instructions/order dated 11.09.2019, vide letter dated 16.12.
2022, stating therein that the remuneration throughout the academic year i.e. 12 months (including vacation period/break period) is to be given to the Guest Faculties. In support of his contentions, the learned counsel for the petitioners relies upon the judgments of the Hon'ble Supreme Court in Hargunpratap Singh Vs. State of Punjab and Ors., 2007(13) SCC 292 and Rattan Lal Vs. State of Haryana, 1987 AIR 478.
Learned State counsel points out that as per the written statement dated 08.08.2022, filed on behalf of respondent Nos.1 to 4, the petitioners were neither engaged on contract/adhoc basis nor against the sanctioned posts
and rather they were engaged as per availability of teaching load. It is further contended that after completion of academic session, the workload decreases and the services of the Guest Faculties are not required for that period, and, therefore, their services are discontinued for a limited period. He also draws the attention of this Court towards letter dated 09.12.2020 (Anneuxre R-4) issued by the Director General, Technical Education, wherein it is mentioned that the Guest Faculties engaged purely on hourly basis, are entitled to the remuneration fixed as per Govt. Instructions dated 11.09.2019 and submits that they are disengaged when the workload is not available. Learned State counsel further submits that some of the petitioners have been working since 2016-17 and the instructions/order dated 11.09.2019 will not affect them, as they were engaged prior to that. I have heard the learned counsel for the parties and have also gone through the case file.
Admittedly the petitioners are working as Guest Faculties under the Technical Education Department and as per the instructions/order dated 11.09.2019 (Annexure P-2), the remuneration is to be paid to the Guest Faculties/Guest Instructors, throughout the academic year i.e. for 12 months. The Director General, Technical Education Department, Haryana, has issued clarification vide letter dated 16.12.2022 stating therein, that the remuneration throughout the academic year i.e. 12 months (including vacation period/break period) be given to the Guest Faculty.
Hon'ble Apex Court in Rattan Lal's case (supra), deprecated the policy of the State Government under which 'ad-hoc' teachers were denied the salary and allowances for the period of the summer vacation by resorting to
the fictional breaks and accordingly, directed that the 'ad-hoc' teachers shall be paid salary and allowances for the period of summer vacations as long as they hold the office under this order. It was further held that those entitled to maternity or medical leave, shall also be granted such leave in accordance with the rules.
In view of the above, non-payment of remuneration to the petitioners during the vacation/break period, is not sustainable. The present petitions are accordingly, allowed and the respondents are directed to make payment of the salary and other allowances to the petitioners, during the vacation period, including the summer vacations. It is further directed that the petitioners shall not be replaced with another set of contractual employees, till the regular appointments are made. (HARNARESH SINGH GILL) JUDGE 23.02.2023 Mangal Singh Whether reasoned/speaking?
Yes/No Whether reportable?
Yes/No