February 13, 2021 1:16:23 am
The Delhi High Court has restrained Ambedkar University Delhi (AUD) from making regular appointments to posts held by 39 employees who were recently stripped of their permanent positions and put back on contract roles. The order comes after 34 of the 39 employees challenged the decision by AUD’s Board of Mana-gement (BoM) on February 3.
The Indian Express had reported Friday that AUD had put back on contract 39 of its regularised employees and stripped the Pro- Vice Chancellor (PVC) of his administrative role. The decision was taken on the basis of an enquiry by the Directorate of Higher Education (DHE).
In an order dated February 10, Justice V Kameshwar Rao said “no regular appointment to the posts on which the petitioners are working shall be made without the leave of the Court”.
“Mr Rupal, learned counsel, states that by letter dated February 6, 2021, the nature of the appointment of all the petitioners has been changed to contractual. If that be so, the changing of the nature of appointment of the petitioners as contractual shall be subject to the outcome of this writ petition,” the order said.
“If the petitioners succeed, they shall be entitled to all the benefits which they were drawing as regular employees though on probation,” it further said.
The HC has also made the DHE, through its secretary, a party-respondent in the case at the request of the university counsel. “Let amended memo of parties be filed within one week from today. On the filing of the same, notice shall be issued to the newly added respondent. Counter affidavit be filed by the respondent-University within six weeks. Rejoinder thereto, if any, be filed within two weeks thereafter,” the order said. The matter has now been listed for July 22.
When contacted earlier, AUD PR’s office had told The Indian Express, “An enquiry was conducted at an appropriate level and irregularities were found in these appointments. The enquiry report was placed before BoM in its meeting held on February 3. Accordingly, the decision was taken by the BoM.”
Director Higher Education Azimul Haque had also said there was a “Supreme Court order which prohibits such regularisation and says it amounts to back door entry”.
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