Rakhee And Others vs Punjab University And Others

Jagmohan Bansal, J

The petitioners through instant petition under Articles 226/227 of the Constitution of India are seeking directions to respondents not to replace them with another set of Adhoc/Contractual Assistant Professors.

On 07.06.2017, while issuing notice of motion, interim order in terms of order dated 01.06.2017 passed in CWP-12705-2017 was passed in favour of the petitioners. The order dated 07.06.2017 reads as:

“ Mr. Indresh Goel, Advocate puts in appearance on behalf of respondent No.1/PU on his own.

In the light of admission by learned counsel representing respondent No.1 that the facts and law point involved in CWP No.12705 of 2017 are akin to the matter in question before this Court, thus interim orders dated 01.06.2017 passed in the earlier petition are reiterated herein.

Notice of motion to the remaining respondents for 11th December, 2017.

Office to ensure that all the connected matters are listed together.”

Learned counsel for respondents submit that petitioner No.3 has already withdrawn his petition and others have not rejoined service despite repeated letters to them. They do not seem to be interested to join.

Faced with this, learned counsel for petitioners submits that petitioners were entitled to pay equal to regular employees as well as Experience Certificate which respondent did not grant.

Mr. Rajdeep Singh Cheema, Advocate submits that no contractual employee can claim salary equal to regular employees, however, he expressed his inability to controvert that contractual employees discharging duties as discharged by regular employees are entitled to minimum of pay scale. He also submits that respondent would issue Experience Certificate to the petitioners for the period they had worked with the respondent-College.

Disposed of with a direction to respondent to calculate salary of the petitioners as per minimum of pay scale payable to regular employees. If there is difference between salary already paid and minimum of pay scale, release differential amount within two months from today. The respondent would further issue Experience Certificate within two months from today to the petitioners for the period they have worked with the respondent-College.