VIKRAM VERMA Vs. UNION OF INDIA
LAWS(HPH)-2021-2-19
HIGH COURT OF HIMACHAL PRADESH
Decided on February 22,2021

VIKRAM VERMA Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

Sureshwar Thakur,J. - (1.) Since all these writ petitions contain similar controversies, and, also common questions of law, thereupon, all these writ petitions are amenable for a common verdict, becoming recorded thereon. Since, as aforestated, there occur(s) the afore commonalities, in all the writ petitions, thereupon the factual matrix prevailing, in, CWP No. 5317 of 2020, shall alone become alluded to, for, thereons an adjudication becoming meted.
(2.) In CWP No. 5317 of 2020, the writ petitioner claims the making of the hereinafter 'mandamus', upon, the respondents: "1. Issue a writ, order or direction in nature of Certiorari quashing the impugned Advertisement no. 03/2020 dated 08.10.2020 issued by the Registrar, National Institute of Technology, Hamirpur (H.P.) respondent No.4. 2. Issue a writ, order or direction in nature of Mandamus commanding the respondents concerned to initiate the process of selection through direct recruitment holding interview of the petitioner for the post of Assistant Professor Grade-I under new Nomenclature (earlier PB-3, AGP 8000) from their present working as Assistant professor Grade-II {(earlier PB-3, AGP 6000 (on contract)} having become eligible for the same fulfilling the required essential qualification of having teaching experience of three years after Ph.D. as per the newly adopted Amended Recruitment and Promotion Rules (R.R.) 2017; through its Gazette notification dated 21.7.2017 and its incorporation in the First Statue 2009 through coming of Amended First Statue known as "First Statutes of the National Institutes of Technology (Amendment) Statutes, 2017" and after having dropped the 5 year contractual period criteria under the new Recruitment Rules (RR-2017). 3. Issue an writ, order or direction in the nature of Mandamus commanding the respondents concerned to further initiate the process of selection through direct recruitment holding interview of petitioner for the post of Assistant Professor Grade-I under new Nomenclature (earlier PB-3, AGP 8000) from their present working as Assistant Professor Grade-II {(earlier PB-3, AGP 7000 (on contract )} having fulfilled the requirement of essential qualification of having teaching experience of three years after Ph.D. after coming of new R.R. 2017 and its adoption in the Statutes 2009, after having dropped the 5 year contractual period criteria under the new Recruitment Rules (RR-2017). 4. Issue a writ, order or direction in the nature of Mandamus commanding the respondents concerned not to dispense with the services of the petitioners (after dropping of 5 year contract period criteria under new RR-2017) now working under newly assigned nomenclature as Assistant Professor Grade-II (pay Level-10) as per the notification dated 30.11.2018 w.e.f 27.10.2017 till the petitioners are moved through the next grade pay as Assistant Professor (AGP 8000)."
(3.) For testing the validity of afore espousal made before this Court, it becomes imperative to allude to Annexure P-2, apposite clause-3 whereof becomes extracted hereinafter: "3. Your contract shall be for a maximum period of 5 years with renewal after every one year subject to satisfactory performance. Your contract shall be liable to be terminated prematurely in case of dereliction of duties or unsatisfactory performance or any misconduct." ;


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