Court No. - 16
Case :- WRIT - A No. - 4024 of 2018 Petitioner :- Ram Aasre and others Respondent :- State Of U.P. and others Counsel for Petitioner :- Satyendra Chandra Tripathi Counsel for Respondent :- C.S.C.,Prakash Padia
Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed in the matter on 21.2.2018:-
"Three petitioners herein are continuing in the respondent no.5 University since 1992. Their status however is shown as daily wager. An order dated 14.6.2017 has been passed by respondent no.5 University whereby petitioners have been transferred to respondent no.2 University. Respondent no.2 University has newly been created and is now looking after the areas in Bundelkhand region, which was erstwhile with respondent no.5. Petitioners' grievance is that they are not being allowed to work in respondent no.2 University and are also being denied salary.
While entertaining this petition time was granted to the learned counsel representing respondent no.2 and 5.
Learned counsel representing respondent no.5 University states that petitioners since have already been transferred, therefore, liability to pay them salary is with respondent no.2 University.
Learned counsel representing respondent no.2 University, however, submits that the order dated 14.6.2017 has subsequently been modified on 10.8.2017, and the petitioners have not been relieved so far.
This Court finds that the stand taken by the two universities are absolutely contradictory. In the process, petitioners are made to suffer inasmuch as they are not getting salary for the last many months. Right of the petitioners to continue is not being disputed by the respondents, but the liability is being shifted by one on another. Prima facie this Court finds that the action of respondents in denying working to petitioners and to pay them salary is arbitrary.
In the facts and circumstances noticed above, this matter is directed to be listed as fresh on 26.2.2018. The Registrars of both the Universities i.e. respondent no.2 and 5 shall remain personally present before the Court and explain the circumstance in this regard."
Pursuant to the aforesaid order, respective Registrar of the two universities are present before the Court. An affidavit has been filed by the Registrar of Banda University i.e. respondent no.2 stating that petitioners were engaged in the Krishi Vigyan Kendras in different districts of the Bundelkhand Region by the Chandra Shekhar Azad University i.e. respondent no.5. The Banda University has subsequently been established by the State vide Act No.8 of 2010 and the Krishi Vigyan Kendras falling within Bundelkhand Region have been transferred to respondent no.2 University. For the purposes of transfer of assets and liability, a meeting was held between the administrative setup of two universities to sort out the modalities. The minutes of meeting dated 18.8.2017 and 29.10.2016 have been brought on record, according to which the cost incurred in operation of these centres for the Rabi season 2016 will be met out of the revolving funds of the Krishi Vigyan Kendras. Paragraph 5 and 6 have been relied upon for the purpose, and therefore, are reproduced hereinafter:-
"5. The cost incurred in the operation of KVK and other farm in the rabi season 2016 will be met out from the revolving fund of concerned KVKs.
6. The budget for salaries of staff, recurring & Non Recurring items will be transferred to BUAT, Banda from ATARI Kanpur. However, budget of Research Stations, NARP Centres, AICRP schemes, Crop Centres will be transferred from CSAUAT, Kanpur to BUAT, Banda."
The affidavit of the Registrar of respondent no.2 University states that funds for engaging 72 persons, who were continuing as casual workers since long, have not been provided by the respondent no.5 university, and therefore, it is not possible for the newly created university to pay wages to them. It is also stated in para 8 of the affidavit that vide order dated 10.8.2017 the order dated 1.4.2017 was to take effect from the date petitioners were relieved by the respondent no.5 university i.e. 14.6.2017. According to respondent no.2 university, these petitioners have so far not been relieved by the respondent no.5 university, which fact is seriously denied by the respondent no.5 university.
Sri Prakash Padia, learned counsel appearing for the respondent no.5 university states that the order dated 10.8.2017 only clarifies that the relieving would be treated to have been given effect to on 14.6.2017, and not from 1.4.2017, and order has been passed accordingly. It is also stated that once Krishi Vigyan Kendras has been transferred to respondent no.2 university, it is for them to generate their resources to pay wages.
From the respective stand of the two universities it appears that there are issues with regard to transfer of Krishi Vigyan Kendras to respondent no.2 university as well as availability of funds. So long as such issues are not sorted out by the respective universities amongst themselves, it would not be proper to leave these petitioners in the lurch. It is admitted that petitioners' entitlement to continue and receive wages is not in question and even otherwise, it is not disputed that they are willing to work. In such circumstances, denial of wages to them from 14.6.2017 is clearly an arbitrary act on part of the universities resulting due to lack of coordination between the two universities. In the opinion of the Court, any lack of coordination between the two universities ought not to justify resultant arbitrary scenario, where employees continuing for the last 25 years are denied right to work and to receive wages.
Since the petitioners are the employees of respondent no.5 university, and their right to continue and receive wages is not being accepted by the respondent no.2 university, they would be allowed to continue in the respondent no.5 university and would also receive current as well as arrears of wages w.e.f. 14.6.2017. A direction is also issued to the Principal Secretary, Department of Agricultural Education and Research, U.P. Government at Lucknow to call for an immediate meeting of the concerned officers of the two universities and in the event petitioners are transferred to respondent no.2 university, it would be ensured that there is no disruption in their entitlement to work and to receive wages. The required action in that regard would be taken at the level of the respondent no.1 within six weeks from today.
Writ petition with the aforesaid observations stands disposed of, clarifying that petitioners would be entitled to continue in the respondent no.5 university and to receive current wages as well as arrears of wages till an alternative arrangement is made under the orders of respondent no.1, who would ensure continuance of working and wages to the petitioners.
Order Date :- 26.2.2018 Ashok Kr.