DUTA Letter to The Principal/ HOD, University of Delhi: 05.07.2019
The Principal/ HOD
——————————
University of Delhi
05.07.2019
Sub: Regarding
Re-appointment of all ad-hoc teachers on the first day of the new academic session and the High Court
Judgement of 09.01.2019 prohibiting
replacement of one ad-hoc or temporary employee
with another
Re-appointment of all ad-hoc teachers on the first day of the new academic session and the High Court
Judgement of 09.01.2019 prohibiting
replacement of one ad-hoc or temporary employee
with another
Dear Sir/ Madam
We appeal to you that all teachers working on ad-hoc basis be
re-appointed on the first day of the new academic session to ensure continuity
of service and summer salary. As you may be aware, the replacement of an ad-hoc
employee by another has been declared patently illegal by the Delhi High Court
in the Raj Kumar versus University of Delhi & ANR [W.P.(C) 6421/2017 &
CM APPL. 26584/2017]. In its landmark judgement delivered on 09.01.2019, the
High Court has cited an earlier Supreme Court judgement in the case of the
State of Haryana vs. Piara Singh (1992) 4 SSC 118 which states as follows:
re-appointed on the first day of the new academic session to ensure continuity
of service and summer salary. As you may be aware, the replacement of an ad-hoc
employee by another has been declared patently illegal by the Delhi High Court
in the Raj Kumar versus University of Delhi & ANR [W.P.(C) 6421/2017 &
CM APPL. 26584/2017]. In its landmark judgement delivered on 09.01.2019, the
High Court has cited an earlier Supreme Court judgement in the case of the
State of Haryana vs. Piara Singh (1992) 4 SSC 118 which states as follows:
“…an adhoc or temporary employee
should not be replaced by another adhoc or temporary employee; he must be
replaced only by a regularly selected employee. This is necessary to avoid
arbitrary action on the part of the appointing authority.”
should not be replaced by another adhoc or temporary employee; he must be
replaced only by a regularly selected employee. This is necessary to avoid
arbitrary action on the part of the appointing authority.”
We also wish to also inform you that Delhi University in the
past too has protected the interests of ad-hoc teachers who have worked through
the year and even during the summer vacation carrying out teaching as well as
administrative responsibilities like their permanent colleagues and it is only
just that they all be re-appointed on the first day of the coming session.
past too has protected the interests of ad-hoc teachers who have worked through
the year and even during the summer vacation carrying out teaching as well as
administrative responsibilities like their permanent colleagues and it is only
just that they all be re-appointed on the first day of the coming session.
Warm regards,
| Rajib Ray President, DUTA Vivek Chaudhary Secretary, DUTA Attached: Delhi High Court Judgement – LINK |
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