425 1 CWP No4802 of 2009 4 INTHE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No4802 of 2009 Date of Decisionl 82011 1 C 0 SmHarsimrat Kaur etitioner 0 Vs C5 Stateof PunjabS Ors espondents I Z CORAM Honble Mr Justice Permod Kohli I Z Present MBairam Ram GuptaSrAdvocate Oo with Mrunal Dawar Advocate for the petitioner vm 1 Z MrChahal DAG Punjab MrLPawar Advocate for respondentNo MrlSidhu Advocate for No M DAG Haryana C Permod Kohli J The petitionerwas appointedas a part timeladehoc Lecturer in Economics at BG Govt CoilegeSidhsar Ludhiana 1 bn Batra Amit 2014.04.21 14: 58 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 426 CWP No4802 of 2009 2 4 vide order dated 082000larious parttime Lecturers engaoedby the Government from time to time filed writ petitionfor the grantof minimum PayScale That writ petition came to be dismissed bythe HighCouit Petitioners filed SLP before Honble SupremeCoun of India Honble SupremeCourt of India vide its judgmentdated 7 11 003 paitlyallowed the appealWhile rejecting the pleaof the 0 U for the Honble SupremeCoun directed to I paythem minimum of the PayScaIeand to allow them to continuetill 0 Z regularincumbentsare appointed vide order dated 112003 On the Z strengthof the aforesaid order the are beingpaid minimum PayScaIe and are beingcontinued The also formulated a Scheme for I of Guest FacultyLecturers Under the Scheme the Z Guest FacultyLecturers are engaged on paymentof 00 Rs1751 per lecture subjectto a maximum of Rs0001 per month 7 Z Their engagementis also for the academic session A number of FacultyLecturers their filed various writ petitionsin this court A bunch of writ petitionswas disposedof vide order dated 11 2005 The contention of the not to dispensewith their services was 46 acceptedsubjectto conditionsimposedbythe Court It was held that the respondentsmay dispensewith the services of the petitioners Itl case their services are no Ionger equiredHowever it was directed that thoughit will not be open to the respondents to substitutethe petitioners with other for the same purpose for which the petitioners Batra Amit 2014.04.21 14: 58 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 427 1 A V CWP No14802 of 2009 3 1 1 had been engagedIt was further clarified that the nomenclature of the substitutes would be irrelevant has been definedbythe court to include admhocstop e gap current duty parttime contractual temporaryetc It is funher direcl that in case W the respondentsdesire to take work from the writ in the same fashionit would be for the to allow the 0 0 to continue in the present or to reinduct them I their services have already been dispensedwith in case C9 I were however allowed Iibettyto hold regularprocess 1 t Z of selection byinviting from the eligiblecandidates 2 RespondentNoA was appointedas a Guest Faculty fr 4t Lecturerin the year 2005 in accordance with the Scheme formulated I by the Government and was postedat Sahid Udham Singh Z Government CollegeSunam District Sangrurwhich waS Ill fact a CO sanctioned postof Iecturerin Economics In view of the Scheme of 7 Z discontinuation of Guest FacultyLecturer at the end of academic tl sesSIOIl and duringvacations No 4 was givenbreak duringvacations and was relieved in February 2009 In the meantime the petitioner was transferred from Government College 44ee Sidhsar to GovernmentCollegeSunam vide order dated 2552009 Since respondent No 4 had been relieved after the academic session duringthe said periodthe joinedas Lecturer Economics Ill Sahid Udham SinghSinghGovernmentCollegeSunam Respondent No on acquiringknowledge of the transfer of the petitioner to the postwhere said respondentwas working filed Batra Amit 2014.04.21 14: 58 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 428 1 CWP No4802 of 2009 4 Snl a contemptpetitionVlZ COCP No1421 of 2009 in the HighCourt allegingthat he has been replacedby a similar temporary a in violationof the order passedbythe Division Bench of thisCourt in CWP N7882 of 2004 and other connected matters m Notice was issued by the HighCourt in the aforesaid ContemptPetition The Government on beingput to notice in the 03 Contempt Petition passed impugnedorder dated 4092009 I the order of the transfer of the petitioner and she was 0 I asked to appear before the Director Education for her Z next postingThe petitioneris aggrieved of this order of cancellation of her transfer to Shahid Udham SinghGovernmentCollegeSunam The contention of the is two4old One that the I c rightsof the part time Iecturer are superiorthan the rightsof the Z Guest FacuityLecturer According to the petitioner the Guest Faculty 00 Lecturers are not Government servants as their emoluments are 3 Z beingdrawn from the Parents teacher funds of the concerned Collegewhereas the part time teachers like the are Government employeesbeingplacedat the minimum of the Pay Scale of the Lecturer their salaries beingdrawn by the State C ExchequerIt is soughtto be arguedon behalf of the that the cannot be construed as a temporaryemployeeand thus the conditions imposedin the judgmentof the Division Bene dated 11 4005 will not be attracted Two that the petitionerbeing a parttime Iecturer was appointedagainstan existingvacancy whereas Guest FacultyLecturers are againstno sanctioned post Batra Amit 2014.04.21 14: 58 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 429 r 2 CWP No4802 of 2009 5 thus the has better rightto serve at Sunam where a sanctioned postof Lecturer in Economics is available in their replyjustifiedtheir action and stated that afterpassingof the impugnedorder nnexure PI has been postedat GovernmentCollegeTanda where she has alreadyjoined on 221 2010 and this petitionhas been 0 0 rendered infrcutuous I Private have filed a separaterep The C5 I raised on behalf of the private is that the post Z to which the was transferredwas beingheld by m No4 who was by the judgmentof the Division Bench of tr t thISCOUI It is arguedthat Slnce the petitioner was transferred to C0 Shahid Udham SinghGovernmentCollegeSunam in violationof the Z directionsofthe coutt the ContemptPetition was filed however the 00 Governmenthas redressed his grievance W2 Z No has also referred to the judgmentof ll Honble Division Bench whereby the Guest FacultyLecturers couid not be substitutedbysimpletemporary and even if any of the guestFacultyLecturers has been discontinued he is to be reinductedintoservice the was transferred in placeof No duringthe periodwhen service of respondentNo 4 had been discontinued in routine after the academic session Under the Scheme for Guest FacultyTeachers on the commencement of the new academic session againthe incumbent appointed as Guest Batra Amit 2014.04.21 14: 58 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 430 CWP No4802 of 2009 6 Facultywas to be reinducted and if the services of such Guest FacultyLecturers are needed It is nobodyscase that there wasno of Guest FacultyLecturers Iike No Itappears that the petitioner was transferredto Sunam on 562009 on the post in the Education consideringthat the l vacancyof Shahid Udham SinghGovernment Collegewas vacant 0 0 whereas in fact No 4 was workingagainstthe said I C5 vacancyand was to be reinducted on commencement of the next I academic session Z Honble Division Bench vide its order dated 11 2005 2 had protected the Guest FacultyLecturers from beingreplacedby Ct similar temporaryarrangementand they were ordered to be I continued if their services are needed Z Whatever may be the status of the petitioner the fact QO remains that the petitioner is a part time Lecturer and is not a 7 Z substantive or regularappointee some privileges Om with the parttime Lecturers in the matter of Pay Scale etc both petitionerand respondentNo 4 continuedto be temporary employees and thus the of respondentNo 4 by the petitioner was not warranted In any case the petitionercannot be aggrievedof her e transfer from Sunam and at any other placet is settled Iaw that no Government employeehas a vested right to serve at a particuIar placeor in the particularpositionTransfer is an exigency of service In any case the petitioner has alreadyjoinedat Tanda and has been adjusted Batra Amit 2014.04.21 14: 58 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 431 1 1 CWP No4802 of 2009 7 rP Under these circumstancesthe petitioner is not entitledto anyrelief prayedfor No merit Dismissed 4 m 1PermodKohlil L C 082011 Judge rp 0 0 I Z Q Ct I Z f10 7 Z Il 1A 1 tA 1 1 Batra Amit 2014.04.21 14: 58 TRUE SCANNED COPY OF ORIGNAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document