High Court Punjab-Haryana High Court

Guru Jambheshwar University vs Teja Ram Bishnoi And Others on 2 December, 2009

Punjab-Haryana High Court
Guru Jambheshwar University vs Teja Ram Bishnoi And Others on 2 December, 2009
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.

                 ****

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) 3

Post 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) 4

defendant 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) 5

separate 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) 6

service 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) 7

Guru 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) 8

request 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) 9

entries 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) 10

learned 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) 12

therein, 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