Tribunal stays orders terminating services of 4 assistant professors

The Chandigarh Bench of the Central Administrative Tribunal has stayed termination of service orders of four assistant professors working on contract basis at the Post Graduate Government College for Girls, Sector 42.

They alleged that they were removed even as their claim for regularisation of services was pending before the Tribunal as well as before the High Court.

The applicants said they were working as assistant professor on contract basis in the Sector college under the UT Administration. They were appointed in 2010.

They added that the approval was given for exemption of qualification of NET/PhD to them and other similarly situated teachers by the Syndicate during its emergent meeting on August 9, 2010. The Chandigarh Administration offered appointments by allowing the exemption in qualification to meet their objectives.

When their contracts were not extended and the department sought to replace their services with another set of contractual employees, they approached the Tribunal.

Their plea was allowed by Tribunal vide order dated March 31, 2011 with direction to the respondents not to replace contractual employees and the applicant shall continue in service till the posts are filled up on regular basis.

Thereafter they have been working continuously with the respondents and that no regular appointments to the post have been made till date. They said the Department challenged the order dated March 31, 2011. But their petition was dismissed by the High Court on August 31, 2024, which was upheld by Supreme Court in 2025. They said the High Court, in its judgment, observed that the applicants are required to be considered for regularisation.

The applicants claimed that the action of the respondents in dispensing with the services while their claim for regularisation of services is pending before the Tribunal as well as High Court is violative of the law settled by the apex court in the matter. The applicants further contend that they have a legitimate expectation to be replaced by a regular incumbent only and not by another contractual employee who is NET qualified or has attained PhD qualification. They said they had also enrolled for PhD qualification and were at various stages of the course.

After hearing of the arguments the Tribunal said the termination orders were silent with regard to the observations of the High Court. From the above, ex facie, the impugned orders appear to be non-speaking in nature. “In view of this, we are of the opinion that prima facie case for interim relief is made out in favour of the applicants. Resultantly, the operation of impugned termination orders dated September 16, 2025 is stayed,” the Tribunal added. The respondents are directed to allow the applicants to continue in service as on September 15, 2025, till the next date of hearing.