CAT refuses to stay deputation of college lecturers in Chandigarh from Punjab, Haryana
In a significant order, the Central Administrative Tribunal (CAT) has declined to grant a stay on the deputa-tion of lecturers from Punjab and Haryana to colleges in Chandigarh.
The tribunal stated, 'At present, no case of stay is made out restraining the respondents from going ahead vis-a-vis filling up of vacant post on deputation (under deputation quota).'
The CAT further noted that the applicants fear the UT education department might use this as a pretext to removeindividuals recruited on a contract basis under the direct quota.
Arvind Moudgill, senior standing counsel for the UT administration, said the administration was well within its rights to fill up posts by deputation as provided in the Recruitment Rules.
As many as 36 lecturers, posted in various colleges in Chandigarh, had moved the tribunal, seeking stay on filling up seats under the deputation quota by the UT education department. The petition stated, 'The ends of justice will be met if the UT education department is directed not to dispense with the services of the applicants by another set of contractual employees unless they have some disqualification qua their continuation.'
It was prayed that the applicants be given protection for not replacing them with another set of contractual employees.
The lecturers had moved the tribunal, seeking directions to cancel the UT orders, dated December 14, 2023, and December 4, 2024, vide which the administration had called for names of lecturers from states of Punjab and Haryana on deputation.
The petitioners also prayed that they should be granted extension in service and their salary should be released.
The senior standing counsel argued that the salaries had already been released and as far as deputation was concerned, the administration was well within its rights. UT also argued that deputation was a mode as per which recruitment can be filled as per Recruitment Rules.
It was also argued by the administration that the rules to fill posts on deputation have not been challenged.
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