High CourtsSingle Bench(2017) 07 UK CK 0038

Ajay Kumar & others vs Hemwati Nandan Bahuguna, Garhwal University & another

Uttarakhand High Court · Decided on 17 July 2017

HON’BLE JUDGES
Manoj K. Tiwari
CASE NUMBER
1818 of 2017

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Judgment

7 paragraphs · 347 words
1.

Heard Mr. Subhang Dobhal, learned counsel for the petitioners, Mr. Paresh Tripathi, learned counsel for the respondents/University and perused the records.

2.

According to Mr. Shubhang Dobhal, petitioners are serving against Class IV posts on daily rated basis in Hemwati Nandan Bahughna Garhwal University (hereinafter referred to ''University'') for the last more than ten years. Their grievance is that their claim for regularization is not being considered and further they are not being paid minimum of pay scale in terms of judgment of Hon''ble Apex Court in Civil Appeal No. 213 of 2013, State of Punjab & others Vs Jagjit Singh & others.

3.

Learned counsel for the petitioners confines his prayer and submits that the Competent Authority in the University be directed to take a decision in the matter within a specified time frame.

4.

This Court is also of the opinion that interest of justice would be served, if the Competent Authority in the University is directed to look into the matter and decide the same, in accordance with law.

5.

Accordingly, the writ petition is disposed of with liberty to petitioners to make an appropriate representation before respondent No. 2 - Vice Chancellor, Hemwati Nandan Bahuguna Garhwal University within two weeks from today. If such a representation is made, Vice Chancellor, Hemwati Nandan Bahuguna Garhwal University shall decide the same by passing a reasoned and speaking order, within a period of eight weeks from the date of presentation of certified copy of this order. Till such a decision is taken by the University, petitioners shall be paid minimum of pay scale in terms of the judgment rendered by Hon''ble Apex Court in Civil Appeal No. 213 of 2013, State of Punjab & others Vs Jagjit Singh & others.

6.

It is made clear that if petitioners do not make any representation within stipulated period of two weeks, then, they shall not be entitled to the benefit of this order.

7.

Let a certified copy of this order be supplied to learned counsel for the petitioners within 24 hours on payment of usual charges.