Joseph Pullan v. North Eastern Hills University, NEHU Campus, Shillong
2015-04-16
T.NANDAKUMAR SINGH
body2015
DigiLaw.ai
ORDER 1. Heard Mr. V.K. Jindal, learned senior counsel assisted by Mr. S. Dey, learned counsel appearing for the petitioners and also Mr. S. Sen, learned counsel appearing for university-respondents No. 1 & 2. 2. The concise fact leading to the filing of the present writ petition is noted. Petitioner No. 1 married with petitioner No. 2 on 19.01.1983. Petitioner No. 2 was born on 19.03.1957 and joined the services of respondent No. 1 on 28.05.1984 as Lab Assistant in the Department of Chemistry, NEHU, Shillong and subsequently, she was promoted to the post of Senior Technical Assistant in the Department of Chemistry, NEHU, Shillong. It is also stated that the post of Senior Technical Assistant is a technical post meant for the Department of Chemistry, NEHU, Shillong only. The post of Senior Technical Assistant which is a specialized post is for a particular type of job in the Department of Chemistry; such specialized post i.e. technical post is not available at Tura Campus, NEHU. Petitioner No. 1 ever since his appointment as Assistant Registrar at Tura Campus served in that capacity at Tura from 05.03.2007 to 02.04.2014. It is also stated that during his stay at Tura, the petitioners made representations to the respondents for transferring either petitioner No. 2 to Tura Campus, NEHU or petitioner No. 1 to Shillong on medical grounds. But due to non-availability of specialized post of Senior Technical Assistant in Tura Campus, NEHU where petitioner No. 1 was working as Assistant Registrar, the petitioner No. 2 could not be transferred to Tura. 3. It is the further case of the petitioners that under the Office Memorandum being No. F. No. 28034/9/2009-Estt.(A), Govt. of India, Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), North Block, New Delhi dated 30.09.2009 (Annexure – 6 to the writ petition), the earlier memorandums dated 03.04.1986 and 12.06.1997 for posting husband and wife who are working in the Govt. service at the same station, had been made mandatory. In other words, under the said Office Memorandum dated 30.09.2009, both husband and wife working in the Govt.
service at the same station, had been made mandatory. In other words, under the said Office Memorandum dated 30.09.2009, both husband and wife working in the Govt. Service should be posted at the same place and it would be more profitable to quote the relevant portion of the said Office Memorandum dated 30.09.2009 as hereunder:- “F.No.28034/9/2009-Estt.(A) Government of India Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) North Block, New Delhi, Dated the 30th September, 2009. OFFICE MEMORANDUM Subject: Posting of husband and wife at the same station. 1. In view of the utmost important attached to the enhancement of women’s status in all walks of life and to enable them to lead a normal family life as also to ensure the education and welfare of the children, guidelines were issued by DOP&T in O.M. No. 28034/7/86-Estt.(A) dated 3.04.86 and No. 28034/2/97-Estt.(A) dated 12.6.97 for posting of husband and wife who are in Government service, at the same station. Department had on 23.8.2004 issued instructions to all Mins./Deptts. To follow the above guidelines in letter and spirit. 2. In the context of the need to make concerted efforts to increase representation of women in Central Government jobs, these guidelines have been reviewed to see whether the instructions could be made mandatory. It has been decided that when both spouses are in same Central Service or working in same Dept. and if posts are available, they may mandatorily be posted at the same station. It is also necessary to make the provisions at Paras 3(iv) ad (vi) of the O.M. dated 3.4.86 stronger as it is not always necessary that the service to which the spouse with longer service belongs has adequate number of posts and posting to the nearest station by either of the Department may become necessary.” 4. The petitioner No. 1 vide order dated 31.03.2014 of NEHU was allowed to officiate as Deputy Registrar on purely temporary basis as Deputy Registrar, NEHU, Shillong vice Shri. C.D. Rynjah, since retired (Annexure 7 to the writ petition). Pursuant to the said order of NEHU dated 31.03.2014, the petitioner No.1 joined as Deputy Registrar, NEHU, Shillong on 02.04.2014.
The petitioner No. 1 vide order dated 31.03.2014 of NEHU was allowed to officiate as Deputy Registrar on purely temporary basis as Deputy Registrar, NEHU, Shillong vice Shri. C.D. Rynjah, since retired (Annexure 7 to the writ petition). Pursuant to the said order of NEHU dated 31.03.2014, the petitioner No.1 joined as Deputy Registrar, NEHU, Shillong on 02.04.2014. After, the petitioner No.1 had joined the post of Deputy Registrar, NEHU, Shillong, the Corrigendum being No. F.9-20/Estt-II (B)/2012-2149 dated 04.04.2014 had been issued that the period for officiating appointment of the petitioner No.1 as Deputy Registrar under the said order dated 31.03.2014 will be only for a period of 1 (one) year from the date of assumption of charge as Deputy Registrar, NEHU, Shillong. By the impugned order dated 30.03.2015 issued by NEHU, the petitioner No. 1 had been relieved from the post of Deputy Registrar (Officiating) w.e.f. 01.04.2015 and he had been directed to resume his duty as Assistant Registrar at Tura Campus, Tura. 5. In the present writ petition, the petitioners are assailing the said impugned order dated 30.03.2015 directing the petitioner No.1 to resume his duty as Assistant Registrar at Tura Campus, Tura. In the writ petition, the ground had been taken categorically that under the said Office Memorandum dated 30.09.3009 issued by the Govt. of India, Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), the petitioner No. 1 should have been posted at Shillong i.e. NEHU, Shillong where the petitioner’s wife i.e. petitioner No. 2 who is presently working as Senior Technical Assistant inasmuch as, the petitioner No. 2 could not be transferred and posted at Tura, Campus, Tura where there is no specialized post like Senior technical Assistant. It is the further submission of the learned senior counsel appearing for the petitioners that petitioner No. 1 had been granted medical leave for 15 (fifteen) days w.e.f. 31.03.2015. The present writ petition was filed while the petitioner No. 1 was on medical leave. Learned senior counsel further contended that the petitioner No. 1 had already filed an application for extension of medical leave. Be that as it may, it is clear from the fact that the petitioner had filed the present writ petition while the petitioner No. 1 was on medical leave.
Learned senior counsel further contended that the petitioner No. 1 had already filed an application for extension of medical leave. Be that as it may, it is clear from the fact that the petitioner had filed the present writ petition while the petitioner No. 1 was on medical leave. The petitioner No. 1 had filed the representation dated 01.04.2015 to the Vice Chancellor, NEHU that the petitioner No. 1 who is a heart patient with high Diabetes was under the treatment at CMC, Vellore and he was advised by his doctor not to stay alone and take all the necessary care. The petitioner No.1 also further stated in the said representation dated 01.04.2015 as per advice of the doctor, the petitioner No. 1 should not stay alone and shall take all the necessary care. In such circumstances, the petitioner No.1 had requested the Vice Chancellor, NEHU, Shillong for allowing him to stay with his wife i.e. petitioner No. 2 by posting him as an Assistant Registrar in one of the vacancies in the post of Assistant Registrar, NEHU, Shillong. In para 7 of the writ petition, it is also stated categorically that there are existing vacancies for the post of Assistant Registrar in NEHU, Shillong. 6. Mr. VK Jindal, learned senior counsel appearing for the petitioners contended that since the petitioner No.1 was working as Deputy Registrar, (Administration) in NEHU, Shillong, on officiating post, he has thorough knowledge of the vacancy in the post of Assistant Registrar in NEHU, Shillong. The petitioner No. 1 categorically pleaded in the writ petition that there is vacancy in the post of Assistant Registrar in NEHU, Shillong, supported by an affidavit. It is also stated that the petitioner No. 2 also filed representation dated 10.04.2015 to the Vice Chancellor, NEHU, Shillong that the petitioner No. 1 is a heart patient with high Diabetes and other problems and that he was under the treatment at CMC Vellore and had been advised by the doctor not to stay alone and take all necessary cardiac care. In such circumstances, the petitioner No. 2 under the said representation dated 10.04.2015 had requested the Vice Chancellor, NEHU to look into the matter and do the needful for posting the petitioner No. 1 in NEHU, Shillong.
In such circumstances, the petitioner No. 2 under the said representation dated 10.04.2015 had requested the Vice Chancellor, NEHU to look into the matter and do the needful for posting the petitioner No. 1 in NEHU, Shillong. In the present writ petition, it is categorically stated that the said representations dated 01.04.2015 and 10.04.2015 are still lying with the Vice Chancellor, NEHU. 7. Mr. S. Sen, learned counsel for respondents No. 1 & 2 is not disputing that the said representations are still lying with the Vice Chancellor but it is the submission of Mr. S.Sen, learned counsel for the respondents that the petitioner No.1 was appointed as the Assistant Registrar in TURA Campus, Tura. But the fact remains that after the appointment of the petitioner No.1 as the Assistant Registrar of NEHU, he will be one of the Assistant Registrars of NEHU, Shillong. 8. In the above factual backdrop, this writ petition is disposed of by directing the Vice Chancellor, NEHU, Shillong to consider and dispose of the said two representations keeping in view of the said Office Memorandum dated 30.09.2009 wherein and where-under, the earlier memoranda for posting of husband and wife who are working in the government service at the same place for enhancement of women’s status in all walks of life and to enable them to lead a normal life so also to ensure the education and welfare of the children will be mandatory, and also that in the present case, the petitioners No. 1 & 2 have been blessed with 2 (two) children and also that the petitioner No. 1 is suffering from heart problem and diabetes and the doctor advised the petitioner No.1 not to stay alone and to take all necessary cardiac care. It is also made clear that an opportunity of hearing of the petitioners No. 1 & 2 in person should be available to the petitioners before disposing of the said representations by the Vice Chancellor, NEHU, Shillong by passing reasoned order and also that the whole exercise for considering and disposing of the representations should be completed within a period of 2 (two) weeks from the date of receipt of a certified copy of this judgment and order and also till the said representations are disposed of, the impugned order dated 30.03.2015, shall remain suspended. 10. Writ petition is allowed with the above directions.