G. VARANDANI versus KURUKSHETRA UNIVERSITY ANO ORS.

G. VARANDANI versus KURUKSHETRA UNIVERSITY ANO ORS.

Posts advertised and appointments made for PG Centres were legally and statutorily transferred to the new university, with all personnel assigned to said centres and outside the jurisdiction of the original university; claims for absorption in Kurukshetra University’s main faculty are unsustainable.

Parties
Appellant: G. Varandani; Respondent: Kurukshetra University; Respondent: Guru Jambheshwar University; Appellant: Sunil Deshta; Respondent: Dr. V.K. Aggarwal; Appellants: Private party appellants (other unnamed teaching staff)
Jurisdiction
India
Judgment Date
13 August 2003
Procedural Posture
Civil Appeal / Final Judgment
Outcome
C.A. No.1272/98 allowed; remaining appeals dismissed.
Legal Topics
Transfer of Employees, University Jurisdiction, Statutory Interpretation
Service Law Transfer of Employees University Jurisdiction Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

G. Varandani

Appellant

Kurukshetra University

Respondent

Guru Jambheshwar University

Respondent

Sunil Deshta

Appellant

Dr. V.K. Aggarwal

Respondent

Private party appellants (other unnamed teaching staff)

Appellants

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether teaching staff appointed to posts at Post Graduate Centres transferred to new university should be taken back on higher post in the original university
  2. 2 Whether transfer of PG Centres and staff by statutory provision was valid under Kurukshetra University Act, 1986 and Guru Jhambeshwar University Act, 1995
  3. 3 Whether employees retain rights to their higher posts after transfer of centre

Ratio Decidendi

Posts advertised and appointments made for PG Centres were legally and statutorily transferred to the new university, with all personnel assigned to said centres and outside the jurisdiction of the original university; claims for absorption in Kurukshetra University’s main faculty are unsustainable.

Court Disposition

C.A. No.1272/98 allowed; remaining appeals dismissed.

Orders

  • Kurukshetra University may consider pay protection for those allowed to join on basis of lien, as per rules in force.
  • No costs.