Sher-E-Kashmir University of Agricultural Sciences And Technology, Kashmir v. Bashir Ahmad Ganaie, (SC) BS193555
SUPREME COURT OF INDIA

Before:- B.N. Kirpal, N. Santosh Hegde and P. Venkatarama Reddi, JJ.

CA No. 6780 of 2001. D/d. 27.09.2001.

Sher-E-Kashmir University of Agricultural Sciences And Technology, Kashmir - Petitioner

Versus

Bashir Ahmad Ganaie & Ors. - Respondents

Civil Procedure Code, 1908, Order 39 Rule 1 and 2 - Sher-e-Kashmir University Amendment Act No. VII of 1998, Section 50-C - Posting of employee at Jammu - Direction to post on a post commensurate with his merits qualifications and seniority along with released withheld salary - Sustainability - Two universities established, one at valley in Kashmir and the other in Jammu - Question for consideration is whether respondent 1 to be assigned to university at Jammu or at Kashmir - Held, according to appellant-university, salary is being paid to respondent no. 1 but no post which is vacant as of today - Interim injunction ought not to granted - Orders of trial court as well as High Court set aside - Respondent no. 1 to comply with the university's letter requiring him to report at Jammu for posting orders - Under Section 50C of Amendment Act No. VII of 1998, the chancellor may, in consultation with the prochancellor, pass appropriate orders regarding allocation of employees of erstwhile undivided University - Appropriate if the respective universities make a reference to chancellor within one month for appropriate order - Hence, appeal allowed.

[Paras 4 and 5]

ORDER

Special leave granted.

2. Sher-e-Kashmir University of Agricultural Sciences and Technology which was established in 1982 was bifurcated by Amendment Act VII in 1998. As a consequence thereof, two universities were established-one at the valley in Kashmir and the other in Jammu. The question involved in this case was whether respondent no.1 should be assigned to the university at Jammu or at Kashmir. According to the appellant herein, the said respondent had already been posted at Jammu before the bifurcation took place on 20th September, 1999. Challenging his deployment at Jammu, respondent no.1 had filed a suit before the additional district judge, Srinagar. By a detailed order, the additional district judge directed as follows :

3. The challenge to the said order was unsuccessful. Hence, this appeal by special leave.

4. We have gone through the documents on record and are of the opinion that it will cause prejudice if any detailed order is passed by referring to various letters and appointment letters which had been issued. It appears to us that the trial court ought not to have granted any injunction. It is evident from the order of the trial court that respondent no.1 was at that time not holding any post under the university of Kashmir as it was for that reason that defendant nos.1 to 5 were directed to post respondent no.1 at an appropriate position. According to the appellant-university, the salary is being paid to respondent no.1 but there is no post which is vacant as of today. Inasmuch as the interim injunction ought not to have been granted, this appeal is allowed and the orders of the trial court as well as that of the High Court are set aside. As a result thereof, respondent no.1 will have to comply with the university's letter dated 7th July, 1999 requiring him to report at Jammu for posting orders.

5. Under section 50C of the Amendment Act No. VII of 1998, the chancellor may, in consultation with the prochancellor, pass appropriate orders regarding allocation of employees of the erstwhile undivided university. In our view, it would be appropriate if the respective universities make a reference to the chancellor within one month for appropriate orders. We hope that the order passed by the chancellor would be acceptable to all.

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