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TMI Blog2015 (4) TMI 272X X X X Extracts X X X X X X X X Extracts X X X X ..... nt applicable to the issue in question. This notification sets out the terms and conditions qua the employees and the very essential substratum qua the employees is the continuation of their service conditions. Thus, it is really not in issue that the service conditions of the petitioners cannot be altered to their determent in view of the specific Clause-29 and other clauses. It is not as if it is for the first time that the audit is sought to be entrusted to the CAG’s office so as to invite Section 20 of the Comptroller and Auditor-General (Duties, Powers and Conditions of Service) Act, 1971, which has a proviso that such a request made qua a body which has not been entrusted to the CAG would be with the consultation of the CAG. The C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 16.10.2003 was issued granting a status of deemed University to the college under Section 3 of the University Grants Commission Act, 1956. Thereafter, it was considered expedient to vest the administration of the college in Punjab Engineering College Society vide a notification dated 8.7.2004. The initial portion of the latter notification sets out the details, which are reproduced hereinunder: Whereas the Ministry of Human resource Development, Department of Secondary and Higher Education, Government of India, New Delhi has notified the Punjab Engineering College (PEC) Chandigarh as Deemed to be University vide notification No.F.9-38/2001-U.3 dated the 16th October, 2003 under Section 3 of the University Grants Commission Act, 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... : 29. All other service conditions of such absorbed employees in Punjab Engineering College Society would remain the same as if they were Government servants and no service condition would be modified to the detriment of the employees. 31. From the date of transfer of Government employees to the Society, the responsibility of payment of salaries, allowances, loans, advances and other admissible concessions to such transferred persons, shall be borne by the Society. The Society shall recover from such transferred persons their contribution towards G.P. Fund and Savings-cum- Group Insurance Scheme and deposit the same to the appropriate Head of Account of the Chandigarh Administration. The employees, however, were no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court calling upon the said authority to dispose of a representation. The order notices that the sole grievance of the petitioners is that the office of CAG shall cease to maintain their GPF accounts which were earlier being maintained by the CAG s office on account of the petitioners being employees of Chandigarh Administration as they were employees of the College. This was stated to be in violation of the assurance given by the Chandigarh Administration vide its communications to the effect that the service conditions of the absorbed employees would remain the same as if they were Government servants and that no service condition would be modified to the detriment of the employees (letters dated 23.11.2004 and 12.12.2004). The order is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efer to another clause of the same notification numbering 35, which reads as under: 35. The PEC Society being a fully funded institution of the Chandigarh Administration, its annual audit of accounts would be entrusted to Comptroller Auditor General of India. The aforesaid clause shows that the Society being a fully funded institution of the Chandigarh Administration, the audit of accounts is to be entrusted to the CAG. We really fail to appreciate how in these circumstances it is open to any of the respondents to contend before us that the CAG is absolved of the responsibility of maintaining the accounts including the accounts of GPF. The aforesaid is not a theoretical debate, since the issue is one affecting the rights of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issue. It is not as if it is for the first time that the audit is sought to be entrusted to the CAG s office so as to invite Section 20 of the Comptroller and Auditor-General (Duties, Powers and Conditions of Service) Act, 1971, which has a proviso that such a request made qua a body which has not been entrusted to the CAG would be with the consultation of the CAG. The CAG has been carrying on the audit in the present case earlier and the conditions of the notification converting the College into a deemed University and thereafter entrusting its management to a Society registered for the said purpose itself require a continued role of the CAG. The result of the aforesaid is that the order dated 24.7.2006 of the Accountant General (A E), ..... X X X X Extracts X X X X X X X X Extracts X X X X
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