NARESH CHANDRA VARSHNEY Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-6-81
HIGH COURT OF UTTARAKHAND
Decided on June 24,2013

Naresh Chandra Varshney Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

BARIN GHOSH,.J. - (1.) M .B. Degree College, Haldwani was a privately managed degree college, of which the petitioner was an employee. Government decided to provincialise the said College. Against that decision, some of the employees of the said College, including the petitioner, approached the Honble Allahabad High Court by filing a writ petition. As and by way of an interim measure, Honble Allahabad High Court restrained the respondents to the said writ petition from altering the service conditions of the petitioners of the said writ petition including the petitioner herein. Some times thereafter, petitioner applied for deletion of his name as a petitioner of the said writ petition filed in the Honble Allahabad High Court. The prayer, thus made by the petitioner, was allowed. Accordingly, the name of the petitioner stood deleted from the array of the petitioners to the said writ petition filed before the Honble Allahabad High Court. In consequence thereof, petitioner accepted that he is serving the Haldwani College, which has now been provincialised. The same is also evident from the order of his transfer dated 12th June, 1985. In that order, it was mentioned that the petitioner, an employee of the Government College, Haldwani (Nainital), is being transferred to Government College, Gopeshwar (Chamoli). Petitioner accepted the said transfer and acted on the basis thereof. He joined Government College, Gopeshwar (Chamoli), served there for five years, and later, re -approached the Honble Allahabad High Court with a prayer to recall the order deleting his name as a petitioner in the said writ petition. That application was allowed and the petitioner was reinserted as one of the writ petitioners in the said writ petition still then pending in the Honble Allahabad High Court. Soon thereafter, petitioner was transferred from Government College, Gopeshwar (Chamoli) to Government Post Graduate College, Kashipur (Nainital). Before the Tribunal, petitioner unsuccessfully claimed that he honoured the said transfer order transferring him to Government Post Graduate College, Kashipur (Nainital), but the Principal of the said College did not permit him to sign the attendance register. Before the Tribunal, there was nothing on record, which could show that the petitioner, after having been transferred to Government Post Graduate College, Kashipur (Nainital) and after having been relieved by the Government College, Gopeshwar (Chamoli), served even for a day the Government Post Graduate College, Kashipur (Nainital). It was contended before the Tribunal by the petitioner that he has been denied payment of salary from 1st December, 1991 to 20th July, 1993 when he allegedly served the Government Post Graduate College, Kashipur (Nainital). There appears to be no dispute that on 23rd June, 1993, petitioner was transferred from Government Post Graduate College, Kashipur to Government College, Haldwani and, on the basis thereof, petitioner joined the Government College, Haldwani on 20th July, 1993. Before the Tribunal, petitioner asked for a direction to pay his salary for the period 1st December, 1991 to 20th July 1993, i.e. until when he was supposed to have worked at Government Post Graduate College, Kashipur. By the judgment impugned in the writ petition, Tribunal has refused to accede to the said prayer of the petitioner on the ground that there is no evidence suggesting that the petitioner ever served the College at Kashipur. The fact remains that, while the transfer order dated 8June, 1990 transferring the petitioner from Government College, Gopeshwar (Chamoli) to Government Post Graduate College, Kashipur (Nainital) was served upon him, he accepted the same with serious protest alongwith a protest letter. In this protest letter, he held out that, by reason of inclusion of his name as a writ petitioner in the writ petition pending before the Honble Allahabad High Court, he is entitled to serve the College at Haldwani and he cannot be asked to serve any other College. In other words, petitioner clearly held out that in view of insertion of the name of the petitioner as a petitioner by the order of the Honble Allahabad High Court dated 24th April, 1990, petitioner has become entitled to serve the College situate at Haldwani. In that background, his contentions and claims that he went and served the College at Kashipur are, in the absence of evidence, not acceptable. Petitioner felt that, by reason of inclusion of his name as a petitioner in the writ petition, his status stood altered with retrospective effect. The fact remains that the petitioner obtained a status when he approached the Allahabad High Court and obtained an interim order from the Honble Allahabad High Court. He, later, altered his status by withdrawing himself as a petitioner from the said writ petition. Soon thereafter, he was recognized as an employee of Government College, Haldwani. Later, as such employee of the Government College, Haldwani, he was transferred to Government College, Gopeshwar (Chamoli). Petitioner accepted his transfer and acted on the basis thereof. Subsequent thereto, he got himself impleaded once again as a party to the said writ petition still then pending before the Honble Allahabad High Court and thought that, by reason of that impleadment, he is entitled to be retransferred back to the College at Haldwani and, accordingly, protested in that line when he was transferred to the Government Post Graduate College, Kashipur (Nainital). In that background, contentions and claims of the petitioner to the effect that he served the Government Post Graduate College, Kashipur (Nainital) even for one day are impossible to be accepted.
(2.) WE , accordingly, dismiss the writ petition.;


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