The Central Administrative Tribunal (CAT) has delivered a significant verdict by staying the termination order of an assistant professor from Post Graduate Government College for Girls (PGGCG) in Sector 11, Chandigarh. This decision comes as a major relief to Dr. Pooja Prashar, who had been serving the institution for nearly seventeen years before facing abrupt termination.
The Legal Battle and Tribunal's Intervention
Dr. Prashar's professional world turned upside down when she received her termination notice from the Chandigarh Administration. The administration had decided to end her services citing that her appointment initially made against a vacant post of a physically handicapped candidate was no longer valid. However, the CAT bench comprising Justice L.N. Joshi and Member A.K. Bishnoi carefully examined the case and found substantial grounds to intervene.
The tribunal noted that Dr. Prashar had been continuously working since her initial appointment on August 21, 2007, accumulating nearly seventeen years of dedicated service to the institution. During this extensive period, she had received numerous promotions and regular salary increments, which the tribunal emphasized significantly strengthened her case for job security.
College's Stand and Contradictory Actions
Interestingly, the college principal had previously recommended the regularization of Dr. Prashar's services to the Director of Higher Education in October of the previous year. This recommendation created a contradictory position when the termination order was issued shortly afterward. The tribunal took serious note of this inconsistency in the administration's approach.
The Chandigarh Administration defended its decision by arguing that since Dr. Prashar was originally appointed against a physically handicapped category vacancy, and the college had now filled that specific position with a suitable candidate from that category, her services had become redundant. However, this argument failed to convince the judicial authorities.
Broader Implications for Academic Employment
This case highlights the ongoing challenges faced by academic professionals in India's higher education system. The tribunal's decision to stay the termination emphasizes the importance of job security for educators who have devoted significant portions of their careers to institutions. The ruling also sets an important precedent regarding the treatment of long-serving temporary staff in government educational institutions.
The CAT's intervention came after Dr. Prashar filed an original application challenging her termination, arguing that her long service tenure and the college's own recommendation for regularization made the termination order unjustified. The tribunal agreed that she had established a strong prima facie case that warranted immediate intervention.
As the legal proceedings continue, the stay order ensures that Dr. Prashar can continue her academic work without interruption while the tribunal examines all aspects of her case in detail. The final decision in this matter could have far-reaching implications for similar cases across the country's educational institutions.
