Shri. Rawatpura Sarkar, Lok Kalyan Trust and Others vs The Rajiv Gandhi Prodyogik Vishwavidyalaya and Others

Being aggrieved by the order dated 18th July, 2007 passed in W.P. No. 5623/2005(S) whereby the petition filed by the respondents No. 2 to 4 was allowed in part, present appeal has been filed. Short facts of the case are that the respondents No. 2 to 4 filed a petition alleging that the appellant No. 1 is a public trust and is running a college known as S.R. Group of Colleges, the college is affiliated with the respondent No. 1. It was alleged that the respondents No. 2 to 4 were appointed as Lecturers. It was further alleged that without any reason and also without any enquiry, the respondents No. 2 to 4 were discontinued. It was prayed that the petition be allowed and the respondents No. 2 to 4 be reinstated in service. The petition was opposed by the appellants. After hearing the parties, Writ Court found that in the absence of the record produced by the appellants, it is not a case where the relief of reinstatement be given, however, allowed the compensation of Rs. 50,000/- each, against which the present appeal has been filed.

Learned counsel for the appellants argued at length and submits that the writ petition itself was not maintainable. It is submitted that the respondents No. 2 to 4 were not appointed by the appellants but were appointed by I.T.M. College. It is submitted that the advertisement was published by Mr. Rama Shankar Singh who was running a different institution. It is submitted that since the respondents No. 2 to 4 were not appointed by the appellants and, therefore, the order of compensation passed by the Writ Court is illegal and deserves to be set aside.

Learned counsel for the respondents No. 2 to 4 supports the order and submits that the appeal be dismissed. From a perusal of the record, it appears that the respondents No. 2 to 4 were discontinued from service some where in the year 2005 and in spite of order passed by the Writ Court in the year 2007, the amount of compensation has not been paid to the respondents No. 2 to 4 till so far. This Court finds that no illegality has been committed by the Writ Court in awarding the compensation to the respondents No. 2 to 4 and the appellants are hereby directed to pay the compensation to them within a period of two months from today failing which the respondents No. 2 to 4 shall be entitled for interest at the rate of 6% per annum each. The appeal filed by the appellants has no merit and the same is hereby dismissed.