Civil Writ Petition No. 10084 of 2011 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Civil Writ Petition No. 10084 of 2011 Date of Decision : 1.6.2011 Dr. Gurpreet Singh Kang .......... Petitioner Versus Punjabi University, Patiala & another ...... Respondents CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH Present : Mr. R.K. Sharma, Advocate for the petitioner. **** AUGUSTINE GEORGE MASIH, J. (ORAL) It is the claim of the petitioner in the writ petition that he was initially appointed as Lecturer in Physical Education on 17.6.1992 in the Guru Nanak Dev University, Amritsar. The petitioner was promoted as Reader under Career Advancement Scheme of the University Grants Commission, as followed by the University, vide order dated 16.2.2004 w.e.f. 23.6.2002. In response to an offer for appointment to the post of Professor (Physical Education) in the Punjabi University, Patiala, the petitioner through proper channel applied for the said post on 21.4.2004. The petitioner was selected and appointed as Professor (Physical Education) vide order dated 14.2.2005 in the Punjabi University, Patiala. On a representation moved by the petitioner on 14.2.2005, the lien of the petitioner was allowed to be retained at the Guru Nanak Dev University, Civil Writ Petition No. 10084 of 2011 -2- Amritsar. Accordingly, during the period of his probation and on completion of the said period of probation the petitioner submitted a technical resignation to the Guru Nanak Dev University, Amritsar, which was accepted vide order dated 2.4.2007 w.e.f. 15.2.2007. On joining the Punjabi University, Patiala, he was confirmed as Professor, Physical Education Department on 25.4.2007. With a view to count the previous service of the petitioner, which he had rendered with the Guru Nanak Dev University, Amritsar, the Punjabi University, Patiala sent a memorandum dated 5.7.2007 asking them to furnish certain information. In response to that some of the particulars were sent by the Guru Nanak Dev University, Amritsar to the Punjabi University, Patiala. However, the contribution which the petitioner made towards CPF, the Guru Nanak Dev University, Amritsar was called upon to make equal contribution and transfer the same for the period services were rendered by the petitioner. The petitioner was informed that there was no provision in the Guru Nanak Dev University Calendar for transfer of pension, contributory Fund, Gratuity and leave encashment. On receiving the said information the petitioner submitted a representation, copy of which has been appended as Annexure P-12 with the writ petition. The petitioner by referring to para No. 36 (iii) of the Guru Nanak Dev University Calendar, Vol.-I submitted that where the calendar is silent about any issue relating to service of employees, Punjab Civil Service Rules are applicable and as per these Rules the Guru Nanak Dev University would be mandated to transfer the pension fund along with gratuity and leave encashment to Punjabi University, Patiala. Civil Writ Petition No. 10084 of 2011 -3- It is the contention of the counsel for the petitioner that no decision has been taken on the said representation submitted by the petitioner by the respondent-University. Counsel for the petitioner states that the petitioner would submit a supplementary representation where he would specify the provisions under which the petitioner is claiming his entitlement and the liability of the Guru Nanak Dev University, Amritsar to make the contribution. He further prays that time bound direction may be issued to the Registrar, Guru Nanak Dev University, Amritsar-respondent No.2 or the competent authority to take such decision, to consider the same and pass a speaking order thereon within some specified time. If that be so, without going into the merits of the case or commenting thereon, the present writ petition is disposed of with liberty to the petitioner to file a supplementary representation in continuation of his earlier representation (Annexure P-12) within a period of two weeks from today. If such a representation is filed by the petitioner with the Registrar, Guru Nanak Dev University, Amritsar-respondent No.2 or the authority competent to take such decision, shall consider the same and decid within a period of two months of such submission. The decision so taken be conveyed to the petitioner forthwith. In case the representation of the petitioner is accepted the consequential action to be taken by the Guru Nanak Dev University, Amritsar be fulfilled within a further period of two months. 1.6.2011 (AUGUSTINE GEORGE MASIH) 'sp' JUDGE