Photo used for indicative purpose only. Source internet
Shimla, June 25,
The Himachal Pradesh High Court has ordered the Dr. Y.S. Parmar University of Horticulture and Forestry, Nauni, to immediately reinstate Professor Dr. Harminder Singh Baweja, granting him all consequential benefits and pending salary from February 1, 2024. The court quashed the university’s orders denying his joining, terming the institution’s stand “unjustifiable” and contrary to established service rules.
Dr. Baweja, who had served a three-year deputation as Director of Horticulture and Food Processing in Uttarakhand, was under suspension and departmental inquiry at the time of his return. However, the court held that these proceedings had no bearing on his substantive role in the parent university. “There was otherwise no occasion, if any, for the respondent-University not to permit the petitioner to furnish his joining,” observed Justice Sandeep Sharma in the order.
Citing affidavits and admissions by the Government of Uttarakhand, the court noted that the borrowing department had officially disowned any further control over Dr. Baweja’s service after January 31, 2024. “Technically the petitioner is not an employee of State of Uttarakhand from the said date,” the Uttarakhand government stated in its affidavit. The High Court of Uttarakhand had also acknowledged this in an earlier ruling, noting that “the reliefs sought have primarily been resolved by the petitioner’s unilateral action of relieving himself from the post and the affirmation by the respondent supra.”
Despite this, the Nauni university continued to deny acceptance of his joining, citing lack of a formal relieving order and continuation of suspension by the borrowing government. The Himachal High Court rejected this stance, stating: “Once the period of deputation, unless extended, comes to an end, employee sent on deputation is deemed to be repatriated and for that purpose no formal orders are required to be passed.”
The court expressed concern over the petitioner being left in a professional void — neither paid salary by the university nor subsistence allowance by Uttarakhand. “On one hand, respondent-State of Uttarakhand has washed its hands by disowning the petitioner… and on the other hand, respondent-University despite there being ending of deputation period is refusing to take him back in service, as a result thereof, petitioner is on the verge of starvation,” the judgment stated bluntly.
Dismissing the university’s arguments, the court ruled that any disciplinary or criminal proceedings related to Dr. Baweja’s previous deputation role could not bar his rejoining in the parent department. “Same cannot be said to have any bearing or effect upon petitioner’s rejoining in the parent department, where there is definitely no complaint, if any, against the petitioner,” the judge remarked.
In conclusion, the High Court set aside the impugned orders dated March 29 and May 24, 2024, directing the university “to permit the petitioner to work against the post in question… and he shall be entitled for all consequential benefits.”
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The HimachalScape Bureau comprises seasoned journalists from Himachal Pradesh with over 25 years of experience in leading media conglomerates such as The Times of India and United News of India. Known for their in-depth regional insights, the team brings credible, research-driven, and balanced reportage on Himachal’s socio-political and developmental landscape.
