CAT stays sacking of 3 assistant professors at Chandigarh's Sector 11 college

The UT Bench of the Central Administrative Tribunal (CAT) has stayed termination orders dated August 1, 2025, of three Assistant Professors working in Post Graduate Government College, Sector 11 (PGGC11), Chandigarh, on contract basis. The Bench directed the Higher Education Department to allow them to continue in service till the next date of hearing fixed on September 18, 2025.

In applications filed before the Tribunal separately through counsel KB Sharma, the applicants stated that they were appointed as Assistant Professors (Physical Education) on contract basis with the department on August 30, 2010.

When contract of the applicants was not extended and the respondents sought to replace their services with another set of contractual employees, they along with others approached the Tribunal. The Tribunal vide order dated March 31, 2011, directed the respondents to not to replace contractual employees and allow them to continue in service till the posts were filled up on regular basis.

Thereafter, the applicants had been working continuously at the college and no regular appointments to the posts were made till date. The applicants stated that they along with others approached the Tribunal to seek regularisation of their services. The applicants filed another application seeking interim directions. The Tribunal vide its order dated July 30, 2025, directed the respondents to maintain status quo services of the applicants.

The applicants said despite the fact that status quo order was operating, the respondents terminated their services vide orders dated August 1, 2025, on the ground of rationalisation and declared them as surplus employees.

Counsel of the applicants argued that the termination order was passed without issuing any prior notice or affording an opportunity of hearing to the applicants, especially when the case for regularisation was sub-judice.

He contended that the respondents had exercised administrative powers under the garb of rationalisation as a tool to oust the applicants with a mala fide intent.

On the other hand, respondents counsel stated that the termination orders were sent to the Principal, PGGC-11, Chandigarh, through email on August 1, 2024, at 7.30 pm. A compliance report was sent by the Principal through email on August 1, 2024, at 8.37 pm, he said.

The counsel further submitted that order dated July 30, 2025, passed by the Tribunal was received from the counsel for applicants on August 1, 2025, at 11.28 pm. The counsel said the services of the applicants were terminated and they already stood relieved. A relief in the nature of final relief cannot be granted at the interim stage, he said.

The counsel further contended that interim relief cannot be granted for a post that had already been abolished. After hearing arguments, the Tribunal stated that they were of the considered view that the impugned termination order passed during the pendency of claim for regularisation by the applicants before this Tribunal and a status quo order in favour of the applicants was an attempt to circumvent the claims of the applicants and the order passed by this Tribunal.

The Tribunal stated that in view of this, the operation of termination order dated August 1, 2025, was stayed and the respondents were directed to allow the applicants to continue in service as on July 31, 2025, till the next date of hearing fixed for September18, 2025.