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| HED violates CAT order, asks Deptt to maintain status-quo | | Continuation of contractual staff in Jammu colleges | | EARLY TIMES REPORT
JAMMU, July 24: The Department of Higher Education (HED) has openly violated the order of Central Administrative Tribunal (CAT), directing the department to maintain status-quo on the services of the contractual faculty members, engaged in various colleges of Jammu province.
The violation of order of CAT, which deals with the cases of government employees of Jammu and Kashmir Union Territory, has promoted the candidates to start contempt proceedings, given the fact that the Department went on with process of engaging contractual faculty members for new session in Jammu based colleges.
Pertinently, over 700 contractual faculty members in Kashmir based colleges have taken status quo from High Court for the last couple of years but their Jammu counterparts had only approached the Central Administrative Tribunal (CAT) to get status quo on their services but Higher Education department has refused to obey even the CAT’s order.
According to documents in possession of Early Times, over 300 contractual faculty members engaged in various Government Degree colleges of Jammu province, had approached the CAT against the advertisement notice issued by Higher Education department to engage contractual faculty members for session 2020-21.
The contractual faculty members from Jammu based colleges had taken the reference of the Srinagar Bench of Jammu and Kashmir High Court’s order, according to which the Kashmir based contractual faculty members had secured status-quo over their services.
Responding on the plea of over 300 contractual faculty members engaged in Jammu based colleges, whose tenure ended on 30th of June 2020, the Central Administrative Tribunal Jammu Bench in its O.A No. 61/77/2020, M.A. No. 61/39/2020 dated 29th of June, 2020 had directed the respondents (Secretary Higher Education Department, Director Colleges, Nodal Principal GGM Science College, Principals of various colleges) to maintain status-quo with regard to the service of applicants, till the next date of hearing on 19/08/2020.
The Tribunal in its order had given reference to the submission made by applicants through their counsel about the decision of Srinagar bench of High Court in WP © No. 769/2020. The Srinagar bench of HC had directed the Higher Education to maintain Status quo with regard to the service of petitioners from Srinagar.
The counsel of Jammu based contractual faculty members had prayed to Tribunal for a similar interim relief in the case of over 300 Jammu based faculty members and it was agreed by Tribunal.
However, according to the contractual faculty members, the Higher Education Department has refused to obey the CAT directions and continued in the process of engaging new contractual faculty members, which promoted them to initiate contempt proceedings against the Department.
According to the legal notice served to Nodal Principal GGM Science College, through their counsel Vikas Sharma, dated 19th of July 2020, it has been argued that the order passed by Central Administrative Tribunal dated 29th of June in OA number 61/77/2020 have not been implemented/complied within its true letter and spirit till date. “Despite the fact that a copy of order passed by Central Administrative Tribunal was duly served upon you by email as well as physical mode and in fact you gained the knowledge and intimation about the court order but despite the fact that you have not till date bothered to get the court order implemented in letter and spirit”, the notice reads.
According to contractual faculty members, as per the CAT order of 29th June, the posts on which the contractual faculty members were engaged, who have now secured status-quo, those posts must be freeze by the department while the applicants had also raised question over the advertisement notice as per order 188, but the department continue with the process of engaging contractual faculty as per Higher Education order number 188.
The continuation of the process of engaging contractual faculty and violation of CAT order, promoted the faculty to start contempt proceedings against Higher Education department. The concluding paragraph of legal notice reads, “……..take necessary steps for getting the CAT order of 29th July 2020 implemented in its true letter and spirit and furnish the compliance report of the same by due intimation to the undersigned within a stipulated span of 1 week failing which my clients shall have left with no alternate remedy….by filing contempt petition against erring incumbent”, it concludes. The one week mentioned in the legal notice is scheduled to expire on 26th of July. |
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