Surinder Paul v. Chairman Himachal Pradesh Private Educational Institutions Regulatory Commission, Majitha House Complex, Shimla2
2019-03-05
AJAY MOHAN GOEL, SURYA KANT
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DigiLaw.ai
JUDGMENT Surya Kant, C. J. (Oral) - This order shall dispose of the above captioned writ petitions, as the grievance expressed by the petitioners in all these cases is common in nature. Facts are being extracted from the lead case, i.e., CWP No. 21 of 2019. 2. Petitioner in this case was working as Associate Professor in Physics Department in Arni University since 29.09.2010. His grievance in the instant writ petition is that he has not been paid salary and other allowances for the period from November, 2015 to May, 2016 and from February, 2018 till date. It is averred that despite repeated representations sent to the Registrar of the respondentUniversity, no heed is paid to the petitioners request. On this premise, petitioner has further averred that denial of salary tantamounts to taking away right under Article 21 of the Constitution of India. 3. The petitioner relies upon a series of celebrated decisions, including (i) Fisheries Department, State of Uttar Pradesh Vs. Charan Singh, (2015) 8 SCC 150 ; (ii) Centre for Environment & Food Security Vs. Union of India & others, (2011) 5 SCC 676 and in special, the following observations made in Peerless General Finance and Investment Co. Ltd. & another Vs. Reserve Bank of India, (1992) 2 SCC 343 : "Article 25 of the Universal Declaration of Human Rights provides that "everyone has a right to a standard of living adequate for the health and well being of himself and of his family, including food, clothing, housing and medical care". Right to life includes the right to live with basic human dignity with necessities of life such as nutrition, clothing, food, shelter over the head, facilities for cultural and socio economic well being of every individual. Article 21 protects right to life. It guarantees and derives therefrom the minimum of the needs of existence including better tomorrow." 4. Learned counsel for the Himachal Pradesh Private Educational Institutions Regulatory Commission is present and accepts notice on behalf of the first respondent. She submits and rightly so that no representation or complaint has been received from the petitioner by the Commission and in absence thereof, it is not expedient for the Commission to intervene in the matter. 5. Faced with this, learned counsel for the petitioners submits that the petitioners shall submit their formal representations to the Himachal Pradesh Private Educational Institutions Regulatory Commission. 6.
5. Faced with this, learned counsel for the petitioners submits that the petitioners shall submit their formal representations to the Himachal Pradesh Private Educational Institutions Regulatory Commission. 6. The instant writ petitions are accordingly disposed of without expressing any views on merits, with liberty to the petitioners to approach the above stated Commission, who may intervene in the matter and take appropriate action in accordance with law and within the scope of its powers, after hearing the petitioners as well as the representative of the respondentUniversity. It shall be appreciated if appropriate decision is taken by the Commission within a period of three months from the date of receipt of the representations. With the aforesaid observations/directions, the writ petitions stand disposed of, so also pending miscellaneous applications, if any.