High Court Punjab-Haryana High Court

Hukam Chand vs The Post Graduate Institute Of … on 31 October, 2008

Punjab-Haryana High Court
Hukam Chand vs The Post Graduate Institute Of … on 31 October, 2008
Civil Writ Petition No. 18041 of 2001                                    1




       In the High Court of Punjab and Haryana, at Chandigarh.


                  Civil Writ Petition No. 18041 of 2001

                      Date of Decision: 31.10.2008


Hukam Chand
                                                               ...Petitioner
                                  Versus
The Post Graduate Institute of Medical Education and Research,
Chandigarh.
                                                            ...Respondent


CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.


Present: Mr. Gopal Mahajan, Advocate
         for the petitioner.

           None for the respondent.


Kanwaljit Singh Ahluwalia, J. (Oral)

Present writ petition has been preferred by Hukam Chand,

who retired as Librarian from the Post Graduate Institute of Medical

Education & Research, Chandigarh (hereinafter referred to as “the

Institution”).

In the writ petition filed under Article 226 of the Constitution,

with a prayer for issuance of writ in the nature of certiorari seeking

quashing of order dated 29.10.2001 (Annexure P20) whereby even

though petitioner has been granted scale of Rs.2,200-4,000 w.e.f.

1.1.1986 in pursuance of Punjab Government Notification dated

6.4.1989 (Annexure P8) senior scale of Rs.3,000-5,000 and selection

grade of Rs.3,700-5,700 after completion of service of eight years and
Civil Writ Petition No. 18041 of 2001 2

16 years, has been denied to him though these senior scale and

selection grade formed part of the same notification. Petitioner has

sought further writ in the nature of mandamus directing the respondents

that he be allowed senior scale and selection grade mentioned above

after completion of eight and 16 years of regular service w.e.f. 1.1.1986

as has been allowed to various Librarians working in the Colleges/Public

Libraries under the Punjab Education Department.

Before this Court advert to the facts of the case, it would be

appropriate to notice twofold submissions raised before this Court. It is

submitted that:-

a) once the Institution adopted the notification

(Annexure P8) then the same has to be followed in

entirety and senior scale and selection grade as per

Annexure P8 has to accrue to the petitioner.

b) Punjab Government subsequently had relaxed

certain conditions enumerated in Annexure P8,

therefore, the Institution is bound to follow the same

course and relax those conditions for awarding

senior scale and selection grade.

Having noticed these two submissions, it will be pertinent to

notice brief facts of the case.

Petitioner was appointed as Librarian in the Privately Added

College in the year 1966 in the grade of Rs.150-300. Thereafter, on

3.5.1968, he joined the respondent institution as Library Assistant in the

grade of Rs.225-500. Punjab Government revised the pay scales of the

Librarians working in the Colleges/Public Libraries in the State of Punjab
Civil Writ Petition No. 18041 of 2001 3

as per their prescribed qualification vide letter dated 9.7.1971 (Annexure

P1). Accordingly, the petitioner was also granted benefit by the

Institution and he was placed in the scale of Rs.300-600 w.e.f.

1.11.1966. This scale was further revised by the Punjab Government on

1.1.1978 to the grade of Rs.700-1,200. Later, Punjab Government

further revised the scale on 18.2.1983 to Rs.700-1,600. On 18.2.1986,

the petitioner was conveyed that his scale has been revised to Rs.700-

1,600 w.e.f. 1.4.1980. These facts have been shown by the petitioner to

urge that throughout his service career, he was getting benefit of

revision of pay scale which was being granted to the Librarians working

in the Colleges/Public Libraries run by the State of Punjab.

Grievance of the petitioner was that w.e.f. 1.1.1986, State of

Punjab revised the pay scale of Rs.700-1,600 to Rs.2,200-4,000 and

also introduced two further grades called as senior scale and selection

grade which carried the grade of Rs.3,500-5,000 and Rs.3,700-5,700,

respectively.

This Court need go to details but the petitioner had to file a

writ petition and a contempt petition to get a scale of Rs.2,200-4,000

which was ultimately granted to him vide impugned order (Annexure

P20) dated 29.10.2001. Though the petitioner is satisfied that he has

been granted the scale of Rs.2,200-4,000 w.e.f. 1.4.1986, on

29.10.2001 he has laid claim in this writ petition that he should be

granted senior scale of Rs.3,000-5,000 and selection grade of Rs.3,700-

5,700 on completion of service of eight and sixteen years, respectively.

Mr. Mahajan has referred to Annexure P8 in which senior

scale and selection grade have been mentioned. It will be pertinent to
Civil Writ Petition No. 18041 of 2001 4

reproduce paras 5 to 9 of the notification dated 6.4.1989 (Annexure

P8):-

“5. Every assistant Librarian and Assistant

Director of Physical Education in a University and a

Librarian and Director/Instructor of Physical

Education in a College, who is in the scale of pay of

Rs.2,200-4,000 will be placed in a senior scale of

Rs.3,000-5,000, if he/she has:-

a) completed 8 years service after regular

appointment with relaxation as provided in

para 4 above.

                   b)          Participated       in        two           refresher

                               courses/summer          institutes,        each   of

                               approximately four weeks' duration or

engaged in other appropriate continuing

education programme of comparable

quality as may be specified by the UGC;

and

c) Consistently satisfactory performance

appraisal reports.

Explanation – All existing incumbents of these posts

in the Universities and College Cadre Librarians, ;

who are in the scale of Rs.700-1,600 and who have

completed 8 years of service on Ist January, 1986

will be placed, through a process of

screening/selection as indicated in para 10 below of
Civil Writ Petition No. 18041 of 2001 5

this annexure in the scale of Rs.3,000-5,000. The

benefit of service provided in para 4 above will be

available for the initial placement also.

6. Every Assistant Librarian and Assistant

Director of Physical Education in the Universities

who have been placed in the senior scale will be

eligible for promotion to the post of Deputy Librarian

and Deputy Director of Physical Education

respectively in the scale of pay of Rs.3,700-5,700 if

he/she has:

a) completed 8 years of service in the senior

scale: provided that the requirement of 8

years will be relaxed if his/her total service

is not less than 16 years;

b) obtained a Ph.D degree or an equivalent

published work;

c) made significant contributions to the

development of Library Services/Physical

Education in the University as evidenced

by self-assessment, reports of references,

professional improvement in the Library

Services/Physical Education activities etc.

as the case may be;

                   d)        participated       in       two          refresher

                             courses/summer          institutes      each      of

                             approximately     4     weeks'       duration,    or
 Civil Writ Petition No. 18041 of 2001                                           6




engaged in other appropriate continuing

education programmes of comparable

quality as may be specified by the UGC,

after placement in the senior scale; and

e) consistently good performance appraisal

reports.

7. Promotion to the post of Deputy

Librarian/Deputy Director of Physical Education will

be through a process of selection by a Selection

Committee as in the case of promotion to the posts

of Readers. Posts of Deputy Librarians/Deputy

Director of Physical Education will be created for

this purpose by upgrading the post of Assistant

Librarian/Director of Physical Education (Senior

Scale).

8. Those Assistant Librarians and Assistant

Directors of Physical Education in Universities in the

Senior Scale who do not have Ph.D. degree or

equivalent published work, but fulfill the other

criteria, mentioned in para 6 above will be placed in

the grade of Rs.3,700-5,700 subject to the

recommendations of the Committee mentioned in

para 7 above. They will be designed as Assistant

Librarian and Assistant Director of Physical

Education in the Selection Grade.

                   9.          The     College        Cadre     Librarians      and
 Civil Writ Petition No. 18041 of 2001                                        7




                    Director/Instructors    of     Physical    Education      in

Colleges, who have been placed in the Senior Scale

will also be eligible for placement in the Selection

Grade of Rs.3,700-5,700 if they fulfill the criteria

prescribed in para 8 above”.

On filing of the writ petition, notice was issued.

A written statement has been filed. As it is evident from the

perusal of impugned order, senior scale of Rs.3,000-5,000 has been

denied to the petitioner as he has not participated in two refresher

courses/summer institute each of approximately four weeks’ duration or

has not engaged in other appropriate continuing education programme

of comparable quality as may have been specified by the University

Grant Commission.

Similarly, selection grade has been also denied to the

petitioner has he has not obtained Ph.D Degree or has no published

work to his credit. To counter this, Mr. Mahajan has drawn my attention

to Annexure P21, a subsequent notification issued by the Director of

Public Instructions (Colleges), Punjab at Chandigarh, to show that the

condition of participation in orientation courses by the Librarians as one

of the conditions for the grant of these grades has already been relaxed

by the Punjab Government upto 31.3.1991. It will be relevant to

reproduce a portion of notification (Annexure P21):-

“XXXX XXXX XXXX
Subject: Grant of Senior scale/selection grade to
the Librarians working in Govt.

Colleges/Public/District Libraries in
Punjab.

Civil Writ Petition No. 18041 of 2001 8

Reference your memo no. DPI-UTC-12

(21) 82 dated 24.4.92 on the subject cited above.

In this connection it is intimated that the

senior/selection grade of Rs.3000-5000 and 3700-

5700 respectively is being released to all those

College cadre Librarians working in the

Government Colleges/Public/District Libraries in

Punjab, who complete 8/16 years of regular service

as Librarian. The condition of participation in

orientation courses by the Librarians as one of the

conditions for the grant of these grades has already

been relaxed by the Punjab Government upto

31.3.1991.

XXXX XXXX XXXX”

The question which I have posed to Mr. Mahajan that whether

it is mandatory for the Institution which is an autonomous body to adopt

Annexure P21 also. Was it incumbent upon the Institution, that having

adopted Annexure P8, also to adopt Annexure P21. To counter this, Mr.

Mahajan has stated that since 1968 when the petitioner joined the

Institution he has been granted all benefits to which Librarians working

in the Colleges/Public Libraries of Punjab Government were entitled to.

He has stated that all relaxations which were permissible to Librarians of

Colleges/Public Libraries of Punjab were also available to the petitioner.

He has drawn my attention to Annexure P19 when earlier revision of pay

scale was granted then also relaxation was made by the Punjab
Civil Writ Petition No. 18041 of 2001 9

Government and equal relaxation was also construed in favour of the

petitioner.

Since the petitioner throughout his service career has been

dealt with as the Punjab Government was dealing with Librarians posted

in the Colleges of Punjab and Public Libraries, there is no reason for the

Institution to treat the petitioner differently at the time of granting benefit

after revision of pay scale vide Annexure P8. Therefore, this writ petition

is allowed. It is held that the petitioner will be entitled to senior scale and

selection grade as per notification (Annexure P8) and participation in

two refresher courses/summer institute, a condition noticed in sub para

(9) of the impugned order shall not be construed against the petitioner.

Taking these observations into light, the Institution shall pass a fresh

order for awarding senior scale and selection grade to the petitioner.

Needless to say that arrears to the petitioner shall be restricted to 38

months before filing of the writ petition.

(Kanwaljit Singh Ahluwalia)
Judge
October 31, 2008
“DK”