CWP No. 4779 of 2002 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 4779 of 2002 Date of decision: 9.11.2006 Kewal Krishan and another ...Petitioners Versus Panjab University, Chandigarh and others ...Respondents. CORAM:- HON'BLE MR. JUSTICE K.S.GAREWAL HON'BLE MR. JUSTICE R.S. MADAN Present: Mr. TPS Chawla, Advocate, for the petitioner. Mr. Rajesh Garg, Advocate, for respondent No.1 Mr. Anil Rathee, Advocate, for respondent No.2. Mr. Susheel Gautam, Advocate, for Mr. Gurpreet Singh, Central Government counsel for respondent No.3. K.S.GAREWAL, J. Kewal Krishan Singla and Dharmander Dev have filed this petition under Articles 226/227 of the Constitution of India seeking a writ in the nature of certiorari for quashing order dated February 22, 2002 (Annexure P/13) whereby their services were terminated. The two had been Programme Officer and Technical Supervisor and held the posts for 16 and 12 years, respectively. We do not consider it necessary to go into the facts CWP No. 4779 of 2002 2 of the case of Dharmander Dev (petitioner 1) as he has withdrawn his petition. Kewal Krishan Singla was appointed as Programme Officer in the Energy Research Centre of the Panjab University, Chandigarh on January 16, 1986 (letter of appointment is Annexure P/2). The relevant portion of the appointment letter is re-produced hereunder:- “He is appointed as Programme Officer in the Energy Research Centre, Panjab University, Chandigarh at Rs. 700/- per mensum in the pay scale of Rs. 700-1300 plus allowances as admissible under the Central Govt. Rules from the date he starts work upto 31st March, 86, likely to continue. His headquarters will be Chandigarh.” Subsequently, vide letter dated October 27, 1993 (Annexure P/4) the petitioner was appointed as Programme Officer under the Technical Back-up Unit of the Smokeless Chulha Project for the year 1993-1994. The terms of his appointment were as under:- “He is hereby informed that he has been appointed as purely temporary Programme Officer in the pay scale of Rs. 2200- 4000 at Rs. 2725 per mensem with effect from 2.4.1993 to 31.3.1994 under the Technical Back-up Unit of the Smokeless Chulha Project sanctioned by the Haryana Govt. at ERC. His appointment is upto 31.3.1994 or co-terminus with life of the project sanctioned by the Haryana Govt. whichever is earlier. The pay and other emoluments shall be as per the decision of sponsoring agency. The terms and conditions of his appointment will be as per annexure enclosed.” CWP No. 4779 of 2002 3 According to the petitioner, he has been in the service of Panjab University since 1986. His pay scale had also been revised on the acceptance of the recommendations of the 4th Pay Commission. His provident fund was being deducted and his service book was being maintained by the University. He has also received all other privileges of a regular employee. However, for the past 16 years, the University has been putting one day's break in service, on the first day of April every year. Except this break, the petitioner had been continuously in service of the University. The petitioner did not receive salary from April 1, 2001 inspite of making many representations. In February, 2002 he was informed that since the Ministry of Non Conventional Energy Sources, Government of India, had discontinued the project from April 1, 2002 his appointment would stand terminated. This was conveyed to the petitioner through order dated February 22, 2002 (Annexure P/13). This termination order has been challenged by the petitioner. The petitioner had arrayed the Panjab University as respondent 1, State of Haryana (Department of Women and Child Welfare)as respondent 2, Union of India, Ministry of Non Conventional Energy Source, as respondent 3, Vice Chancellor, Panjab University, Chandigarh, as respondent 4 and Energy Research Centre, Panjab University, as respondent 5. In actual fact, the main respondent was Energy Research Centre, Panjab University, Chandigarh (respondent 5), who pleaded that the project stood discontinued from April 1, 2002. There was no substantive post under the University and no money was paid to the petitioner out of University funds. Since the project had been discontinued, the petitioner had no claim or any right to continue on the post. CWP No. 4779 of 2002 4 A Division Bench of this Court consisting Hon'ble the Chief Justice and Hon'ble Mr. Justice Hemant Gupta had on May 26, 2005 decided the case of the staff of a project given to Regional Engineering College, Kurukshetra by the Government of India. The services of the Staff were terminated after the project was over. The Government of India had given financial assistance to the Cell but later discontinued it. This led to the termination of the services. The College had not agreed to the merger of the Cell with it. Therefore, services of the concerned staff necessarily had to be terminated. The judgment is reported in 2005 (3) Law Herald (P&H) 457. In view of the above settled position of law, there is no merit in this writ petition. The same is hereby dismissed. (K.S. GAREWAL) JUDGE 9.11.2006 (R.S. MADAN) prem JUDGE