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DR. NILAM SINGH CHAUHAN versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Dr. Nilam Singh Chauhan v. State Of U.P. And Others - WRIT - A No. 19697 of 2004 [2007] RD-AH 11337 (6 July 2007)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Reserved On 18.05.2007

Delivered On 06.07.2007

Civil Misc. Writ Petition No. 19697 of 2004

Dr. Nilam Singh Chauhan

Vs.

State of U.P. and others

Hon'ble Anjani Kumar, J.

Hon'ble Sudhir Agarwal, J.

The petitioners have sought a writ of certiorari quashing the office order dated 3.3.2004 issued by the Indian Council of Agriculture and Research (hereinafter referred to as "ICAR") conveying its approval for transfer of Krishi Vigyan Kendra at the College of Veterinary Science and Animal Husbandry, Mathura from administrative control of CS Azad University of Agriculture and Technology, Kanpur (hereinafter referred to as "Kanpur University") to Pt. Deen Dayal Upadhyaya Pashu Chikitsa Vigyan Vishwa Vidhyalaya Evam Go Anusandhan Sansthan, Mathura (hereinafter referred to as "New University") alongwith all its assets and properties.

It is contended that the petitioners were appointed on various posts in Kanpur University though were posted at the relevant time at Krishi Vigyan Kendra in different centers. The appointment letters of the petitioners also clearly mention that the petitioners were liable to be transferred to any of the centers of Krishi Vigyan Kendra functioning under the area and jurisdiction of Kanpur University and therefore, after creation of New University at Mathura and transfer of Krishi Vigyan Kendra at the College of  Veterinary Science and Animal Husbandry, Mathura to New University, the petitioners are not liable to be transferred treating them the employees of Krishi Vigyan Kendra only but they being the employees of Kanpur University are liable to be posted at any post in Kanpur University itself.

We have heard learned counsel for the parties and perused the record.

It is evident from the appointment letters of the petitioners that they were appointed in Krishi Vigyan Kendra and the post connected therewith. Vide letter of appointment dated 9.11.1991 the petitioner no. 1 was appointed as Training Associate in Agronomy, Krishi Vigyan Kendra, Mathura. The petitioner no. 4 is appointed as Subject Matter Specialist (Upaj Utpadan) in Krishi Vigyan Kendra, Hardoi vide appointment letter dated 6.1.2001 and petitioner no. 3 was appointed as Training Associate (Agriculture Extension) at Krishi Vigyan Kendra, Lalitput vide appointed letter dated 26.11.2001. Thus the petitioners were appointed at Krishi Vigyan Kendra though at different centers and were liable to be transferred to any other center. Since at the time of appointment the aforesaid Krishi Vigyan Kendra was under the administrative control of Kanpur University, the entire matter of appointment was dealt with by Kanpur University.  

The State Legislature subsequently enacted U.P. Pandit Deen Dayal Upadhyay Pashu Chikitsa Vigyan Viswavidyalaya Evam Go-Anushandhan Sansthan, Adhiniyam, 2001 (U.P. Act No. 27 of 2001) (hereinafter referred to as "Act of 2001"). Section 3 of Act of 2001 provides for establishment of a University namely U.P. Pandit Deen Dayal Upadhyay Pashu Chikitsa Vigyan Viswavidyalaya Evam Go-Anushandhan Sansthan. Section 26 of the said Act provides that U.P. Pashu Chikitsa Vigyan Mahavidyalaya, Mathura shall seize to be affiliated College of Chandrashekhar Azad Krishi Evam Prodyogik Viswavidyalaya, Kanpur and shall be called the affiliated College of the New University. Consequently, the ICAR decided to transfer Krishi Vigyan Kendra at College of Veterinary Science and Animal Husbandry, Mathura from the administrative  control of Kanpur University to the New University and conveyed its approval vide its letter dated 3.3.2004. Pursuant to the said decision the staff employed under and at Krishi Vigyan Kendra has also been directed to be transferred to the administrative control of the New University. Learned counsel for the petitioners vehemently contended that the petitioners having been appointed by the Kanpur University, cannot be transferred the New University as it amounts to change of employer without their consent which is not permissible in law. However, we do not find any force in the aforesaid submission for the reason that all the petitioners have been appointed in Krishi Vigyan Kendra with the condition of transfer of their service to various centers of Krishi Vigyan Kendra. Since at the relevant time the administrative control of the said centers was with the Kanpur University, the appointment letters were issued by the authorities of the Kanpur University but admittedly the aforesaid scheme and Krishi Vigan Kendras have been established with the approval of ICAR and it has approved the transfer of administrative control from Kanpur University to New University. In our view it does not amount to change of employer but the petitioners remain employees of the same place and centers but in view of the subsequent circumstances the administrative control has changed from Kanpur University to New University. We are not shown that such change of administrative control is inconsistent or contrary to any statutory provision of law or otherwise cause any loss to the petitioners. It is not the case of the petitioners that on account of change of administrative control the petitioners are in any manner adversely affected, whether in the matter of status or salary or otherwise. In view thereof, we do not find any merit in the writ petition and it is accordingly dismissed.

Dt/-06.07.2007

Avy


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