R.S.A.No.4055 of 2009 (O&M) 1
In the High Court of Punjab and Haryana at Chandigarh
R.S.A.No.4055 of 2009 (O&M)
Date of decision: 2.12.2009
Guru Jambheshwar University, Hisar
......Appellant
Versus
Teja Ram Bishnoi and others
.......Respondents
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr.G.S.Sidhu, Advocate,
for the appellant.
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SABINA, J.
Plaintiff Teja Ram Bishnoi filed a suit for declaration with
consequential relief of mandatory injunction which was decreed by
the Civil Judge (Jr.Divn.), Kurukshetra vide judgment and decree
dated 25.9.2007 . In appeal, filed by defendant No.2, the said
judgment and decree were upheld by the District Judge,
Kurukshetra vide judgment and decree dated 3.6.2009. Hence, the
present appeal by defendant No.2.
Brief facts of the case, as noticed by the trial Court in
para Nos. 2 to 5 of its judgment, are as under:-
R.S.A.No.4055 of 2009 (O&M) 2
“2. The brief facts of the case of plaintiff are that
he was appointed as lecturer in Economic by the Govt. of
Haryana and he joined as such at Govt. College Bhiwani
on 23.12.1986 on regular basis. He was transferred to
Dronacharya Postgraduate Govt. College, Gurgaon,
where he remained upto 26.8.1994. The work and
conduct of the plaintiff remained good and satisfactory,
vide letter No. 3/94/9393 dated 26.7.1994, the defendant
no. 1 requested Govt. of Haryna to send the plaintiff on
deputation under defendant no. 1 as an Advisor against
the Post of Professor on guru Jambheshwar Ji Maharaj
Chair vide letter dated 21.4.1993. the plaintiff was sent
on deputation for a period of two years with immediate
effect vide order dated 24.8.1994 and the plaintiff joined
his duties with defendant no. 1 as ordered. Defendant
no. 1 established post Graduate Regional Centre, Hissar
and it was, later on converted into full fledged University
named as Guru Jambheshwar University, Hissar
(Defendant No. 2 herein), defendant no. 1 transferred
certain employees from defendant no. 1 to defendant
no. 2 vide order dated 31.8.1995. Their record was also
transferred vide order dated 12.11.1995, but the plaintiff
was never transferred to defendant no. 2 by defendant
no. 1 neither his name and other record was sent to the
R.S.A.No.4055 of 2009 (O&M) 3Post Graduate Centre, Hissar. Defendant no. 1 paid
salary of plaintiff upto 30.11.1995. Thereafter, defendant
no. 1 asked the plaintiff orally that the plaintiff would be
transferred to defendant no. 2 and to refund salary for
the month of November, 1995, with mala fide intention
and to harass him unnecessarily. The plaintiff being
innocent deposited the salary of Rs. 6788/- for the month
of November, 1995 vide receipt dated 21.12.1995 with
defendant no. 1, but the plaintiff was never transferred to
defendant no. 2 nor he was relieved by defendant no. 1.
Defendant no. 1 never received plaintiff’s consent for
transfer to defendant no. 2, thus, he remained employee
of defendant no. 1 throughout. The plaintiff made
requests to defendant no. 1 to pay him the salary for
November and December 1995 vide letter dated
30.12.1995 and 8.1.1996, but defendant no. 1 orally
asked the plaintiff to receive salary from defendant no. 2,
who in turn replied that plaintiff’s name has not been sent
to defendant no. 2 nor he has been transferred there. So,
he was not considered as employee of defendant no. 2.
Accordingly, his request was declined. The plaintiff made
requests to the Govt. of Haryana defendants no. 3 & 4 to
send plaintiff back in the parent department i.e.
Dronacharya Govt. College, Gurgaon and requested
R.S.A.No.4055 of 2009 (O&M) 4defendant no. 1 to relieve him after completing necessary
formalities to enable the plaintiff to join at Govt. College,
Gurgaon, but his requests went unheard. Defendants
no. 3 & 4 sent the plaintiff back in parent department
where plaintiff joined on 24.10.1997 and the plaintiff is still
working there. Defendant no. 1 has not paid salary of the
plaintiff from 1.1.1995 to 24.10.1997 for which he is
legally entitled to along with interest at the rate of 18%
per annum. Plaintiff’s service has also not been
regularized by defendant no. 1 for the aforesaid period
nor his LPC, service book, personal file have been sent to
Dronacharya Govt. College, Gurgaon. For want of above
documents, the plaintiff has not been given any increment
nor his pay has been properly fixed and he has not been
given revised pay scale. The plaintiff is legally entitled to
all the claims. The plaintiff is legally entitled to all the
claims. The plaintiff filed C.W.P. No. 2410/1997 before
the Hon’ble High Court of Punjab and Haryana, at
Chandigarh which was disposed of as withdrawn as there
was dispute on facts which could not be resolved in writ
petition. Legal notice dated 30.10.1998 also born no fruit.
Hence, this suit.
3. Notice of the suit was given to the defendants.
Defendants appeared and contested the suit by filing their
R.S.A.No.4055 of 2009 (O&M) 5separate written statements. In the written statement filed
by the defendant no. 1 some preliminary objections have
been raised inter-alia on the grounds that suit of the
plaintiff is not maintainable in the present form; that the
suit is barred by limitation; that no notice under 80 CPC
has been served. It is further alleged that the case of
defendant no. 1 is that some courses along with
concerned Teachers and non-teaching employees were
transferred to the then Post Graduate Regional Centre,
Hissar. After the conversion of the said Centre into Guru
Jambheshwar University, the L.P.C. along with service
record of these employees were transferred to defendant
no. 2 vide notification dated 4.9.1995 issued by defendant
No. 1 Guru Jambheshwar Ji Maharaj Study Chair and
Guru Jambheshwar Ji Maharaj Institute of Religious
Studies were shifted to the then Kurukshetra University,
Post Graduate Regional Centre, Hissar, which was later
on converted into full fledged Guru Jambheshwar
University, Hissar w.e.f. 1.11.1995. The plaintiff vide his
letter admitted to have been transferred to Guru
Jambheshwar University, Hissar w.e.f. 1.11.1995 and
requested the defendant to supply him L.P.C. which was
required by the defendant no. 2 for the purpose of
release of his pay there. Aforesaid personal file and
R.S.A.No.4055 of 2009 (O&M) 6service book of the plaintiff were returned to defendant
no. 2 vide letter dated 3.4.1996. the plaintiff in C.W.P.
No. 2410 of 1997 also admitted shifting of his services to
Hissar along with Chair as Advisor to the Chair. Salary of
November, 1995 was paid to the plaintiff inadvertently
and it was refunded on 21/12/1995 on the ground that
the plaintiff wanted to get his last pay certificate from this
University. In reply to the request of plaintiff for pay of
November and December, 1995 it was informed that Guru
Jambheshwar Ji Maharaj Study Chair and Guru
Jambheshwar Ji Maharaj Institute of Religious Studies
were shifted to the then Kurukshetra University, Post
Graduate Regional Centre, Hissar vide notification dated
4.9.1995 and the said Centre was converted into Guru
Jambheshwar University, Hissar w.e.f. 1.11.1995. In his
reply dated 18.12.1995 the plaintiff has admitted his
transfer to Jambheshar University, Hissar and requested
for issue of his L.P.C. The plaintiff was informed that he
was employee of defendant no. 2 and he can claim his
salary from that University. The plaintiff never requested
to University, Kurukshetra. It is also not in the knowledge
of defendant no. 2 as whether the plaintiff performed his
duty with hard labour and responsibility. The plaintiff has
never been transferred from Kurukshetra University to
R.S.A.No.4055 of 2009 (O&M) 7Guru Jambheshwar University, Hissar. The defendant
no. 1 transferred its certain employees to Guru
Jambheshwar University. The name of plaintiff was not
mentioned in the list of employees transferred to Guru
Jambheshwar University. The Guru Jambheshwar
University also does not know as whether the defendant
no. 1 has ever directed orally to the plaintiff to received
the salary from Guru Jambheshwar University. The
defendant No. 1 is a corporate body and there is no
question of requesting the plaintiff orally to receive the
salary from the defendant no. 2. Rest of the averments
have been denied.
5. In the written statement filed by the
defendants no. 3 & 4, the preliminary objections qua
maintainability’ suit is bad for non-joinder and mis-joinder
of necessary party; estoppel; suit is bad for want of notice
under section 80 CPC and that the plaintiff has not come
with clean hands before this court. It is further stated that
the plaintiff was appointed Lecturer in Economics and he
joined as such on 23.12.1986 in Govt. College, Bhiwani.
Vide order dated 24.,8.1994 the services of the plaintiff
were placed at the disposal of Kurukshetra University,
Kurukshetra for a period of two years on deputation to
work for Guru Jambheshwar Ji Maharaj Chair on the
R.S.A.No.4055 of 2009 (O&M) 8request of Kurukshetra University, Kurukshetra. The
plaintiff was relieved on 26.8.1994 from Dronacharya
Govt. College, Gurgaon and thereafter, the plaintiff
remained with defendants No. and 2. On receiving the
information from Guru Jambheshwar University, Hissar
that the services of the plaintiff were no more required by
defendant no. 2, his case to call him back was referred to
State Govt. and vide letter dated 24.2.1997 the plaintiff
was ordered to be recalled and posted at Dronacharya
Govt. College, Gurgaon. Despite order dated 24.2.1997
the plaintiff never reported to Dronacharya Govt. College,
Gurgaon or to defendants no. 3 & 4 till 23.10.1997. On
24.10.1997 the plaintiff reported to the Principal,
Dronacharya Govt. College, Gurgaon and he was allowed
to join on the same day. The plaintiff is being paid
salary and usual allowances as per rules. The payment
of pay and other allowances for the period he remained
posted on deputation with Kurushetra University/Guru
Jambheshwar University, Hissar, is to be made by them,
if any. Regarding treating of his period on deputation as
duty period, his services are to be got verified from
defendants no. 1 & 2 for the period he remained with
defendants no. 1 and 2 and only after completion of
R.S.A.No.4055 of 2009 (O&M) 9entries in service book, the remaining benefits claimed by
him would be considered and allowed as per rules. Relief
claimed by the plaintiff is against defendants no. 1 & 2.
the plaintiff made representation dated 15.5.1996
mentioning therein that he had not been given salary for
seven months by defendants no. 1 & 2. He had asked to
be called back to his parent department. Defendants no.
1 & 2 were asked to do the needful for payment of
arrears and salary due to the plaintiff. The matter was
taken up with Guru Jambheshwar University, Hissar,
vide letter dated 22.8.1996, which was received in the
office of defendant no. 4 on 17.9.1996. the plaintiff joined
Dronacharya Govt. College, Gurgaon on 24.10.1997 after
eight months for the reasons best known to him. All other
allegations of the plaintiff have been denied.
On the pleadings of the parties, following issues were
framed by the trial Court:-
1. Whether the plaintiff is entitled to a decree for
declaration to the effect that the period from 1.11.1995
to 24.10.1997 is the duty period of the plaintiff for all
intents and purposes, if so to what effect ? OPP
2. Whether the plaintiff has no cause of action against
the answering defendants? OPD
3. Whether the plaintiff has not come before this
R.S.A.No.4055 of 2009 (O&M) 10learned court with clean hands?OPD
4. Whether the suit of the plaintiff be dismissed for not
serving notice under section 80 CPC?OPD
5. Whether the suit is bad for non-joinder and mis-
joinder of necessary party?OPD
6. Whether the suit is not maintainable?OPD
7. Whether the plaintiff is estopped from filing the
present suit by his own act and conduct?OPD
8. Whether the Hon’ble court has got no jurisdiction to
try and entertain the present suit?OPD
9. Whether the present suit has not been properly
valued for the purposes of court fee and
jurisdiction?OPD
10. Whether the suit of the plaintiff is pre-mature?OPD
11. Whether the suit is time barred?OPD
12. Relief
After hearing learned counsel for the appellant, I am of
the opinion that the present appeal deserves to be dismissed.
The plaintiff had filed a suit for declaration that the period
from 1.11.1995 to 24.10.1997 be treated as a duty period for all
intents and purposes. The plaintiff was appointed as a lecturer in
Economics by Government of Haryana and he joined as such at
Government College, Bhiwani on 23.12.1986. At the request of
defendant No.1, the plaintiff was sent on deputation to Kurukshetra
R.S.A.No.4055 of 2009 (O&M) 11
University, Kurukshetra.
Learned Additional District Judge in the impugned
judgment has observed as under:-
“21. It was not disputed that the plaintiff, a
Government employee, was posted as advisor to Guru
Jambheshwar Ji Maharaj Chair, Kurukshetra on
deputation for a period of two years. It is also not
disputed that the abovesaid Chair was shifted to Hisar.
Order dated 4.9.1995 also clearly reveals that Guru
Jambheshwar Ji Maharaj Study Chair and Guru
Jambheshwar Ji Maharaj Institute of Campus were shifted
to the Kurukshetra University Postgraduate Centre, Hisar
with immediate effect. So the Chair with which the
plaintiff Teja Ram Bishnoi was working was also shifted to
regional Centre, Hisar along with Jambheshwar Ji
Maharaj Institute of Religious Studies. Admittedly,
Regional Study Centre, Hisar was converted into a full
fledged University named Guru Jambheshwar University,
Hisar w.e.f 1.11.1995. Section 35 of the Guru
Jambheshwar University, Hisar Act, 1995 is very relevant
and is reproduced below for ready reference:-
“35. Repeal and Savings (1)- All
properties, movable and immovable and all
the interests of whatsoever nature and kind
R.S.A.No.4055 of 2009 (O&M) 12therein, vested in the Kurukshetra University
Post Graduate Regional Centre, Hisar and the
courses run thereunder and posts created,
filled before the commencement of this Act
shall vest in the University.
(2) All debts, obligations and liabilities
incurred all contracts entered into and all
matters and things engaged to be done in
respect of Post Graduate Regional Centre,
Hisar shall be deemed to have been
incurred, enter into or engaged to be done
by, with or for the University.”
Perusal of above said Section reveals that all
properties and interests vested in Regional Centre,
Hisar run under Kurukshetra University, Post
Graduate Centre, Hisar and the posts created, filed
before the commencement of the Act vested in the
University and that all the debts, obligations and
liabilities incorrect, contracts entered into or
engaged to be done by, with or for the University.”
Learned Additional District Judge has further observed
that the State of Haryana had asked defendant No.2 to release the
salary of the plaintiff w.e.f. 1.11.1995 but the same was not released
and consequently, the plaintiff had to file the present civil suit.
R.S.A.No.4055 of 2009 (O&M) 13
The plaintiff was sent on deputation under the orders of
the State and was then recalled from deputation and on recalling, the
plaintiff joined his parent department on 24.10.1997. The salary for
the period from 1.11.1995 to 24.10.1997 was, however, not
disbursed to the plaintiff. In the facts and circumstances of the
present case, the Courts below rightly held that the salary of the
plaintiff could not be withheld without any sufficient cause. The
plaintiff was neither allowed to join his duty with defendant No.1 or
with defendant No.2 during the period in question. Both the
Universities are governed by the rules and regulations formulated by
the State of Haryana and the Government itself had directed
defendant No.2 to release the salary to the plaintiff but the needful
was not done. In these circumstances, the Courts below rightly
came to the conclusion that it was defendant No.2-appellant, who
was to pay the salary to the plaintiff for the period in question.
No substantial question of law arises in this regular
second appeal. Accordingly, the same is dismissed.
(SABINA)
JUDGE
December 02, 2009
anita