CWP No. 6959 of 2009 1
IN THE PUNJAB AND HARYANA HIGH COURT AT
CHANDIGARH
CWP No. 6959 of 2009
Date of Decision : 4.12.2009
Dr. V. Saraswati, Retd. Zoology Lecturer, GVM Girls College, Sonepat
.......... Petitioner
Versus
The State of Haryana & others
...... Respondents
CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA
Present : Mr. K.S. Yadav, Advocate
for the petitioner.
Mr. K.C. Bhatia, Addl. A.G., Haryana
for respondents No.1 & 2.
Mr. B.L. Gupta, Advocate
for respondent No.3.
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VINOD K. SHARMA, J. (ORAL)
The petitioner has invoked the writ jurisdiction of this Court
under Articles 226 /227 of the Constitution of India to challenge the orders
dated 6.4.2007 and 25.11.2008 ( Annexure P-11 & P-12) vide which the
request of the petitioner to consider the past experience for continuous
service for the purposes of grant of senior scale / Selection Grade, has been
declined.
The petitioner was appointed as Lecturer in Indo-Soviet
Friendship Pharmacy College, Moga, Punjab and she remained in service
there from 2.12.1985 to 30.9.1987.
After completion of probation period she was placed in the pay
CWP No. 6959 of 2009 2
scale of Rs. 700-1600. However, she was granted a consolidated salary of
Rs. 1600/- in the said grade.
The petitioner applied for the post of Lecturer in Zoology in
Gita Vidya Mandir Girls College, Sopepat through proper channel, where
she was appointed as Lecturer in the grade of Rs. 700-40-1100-EB-1300-
Assessment-50-1600 plus A.D.A. etc., she joined the service immediately
without any break on 5.10.1987 for the reason that 1.10.1987 to 4.10.1987
were holidays.
The State of Haryana by way of notification dated 8.12.2000
allowed the benefit of previous service for grant of Senior Scale Selection
Grade to the Lecturers.
The notification dated 8.12.2000 ( Annexure P-4) provided as
under :-
“Previous service, without any break as Lecturer or
equivalent, in a university, college, national
Laboratory, or other scientific organizations, e.g.
CSIR, ICAR, DRDO, UGC, ICSSR, ICHR and as a
UGC Research Scientist, is to be counted for placing of
lecturers in Senior Scale / Selection Grade provided
that the post was in an equivalent grade / scale of pay
as the post of a Lecturer.
The petitioner being covered under the instructions claimed the
benefit of previous service, which stands declined by passing a non-
speaking order, attached as Annexures P-11 & P-12. Annexures P-11 & P-
12 read as under :-
” In reference to your letter no. 4530 Dated
23.2.2007 on the subject cited above.
Dr. V. Saraswati does not comply the
Government instruction dated 8.12.2000 hence
CWP No. 6959 of 2009 3
she is not eligible for benefit of service rendered
at Moga. Regret is felt on the issue.”
” In reference of the subject cited above your
letter no.-Zero– Dated 23.9.2008.
It is inform you that you are not entitled for
the benefit of service rendered in Moga. In this
matter the Directorate already informed the
Principal, GVM, Sonepat vide their letter dated
6.4.2007. Letter is attached.”
In support of the claim the petitioner relied upon the judgments
of this Court in the case of CWP No. 11125 of 1993 Dr. Romila Jain Vs.
State of Haryana decided on 27.1.1995, CWP No. 18387 of 1998 Gita
Vidya Mandir Girls College, Sonepat Vs. State of Haryana & others
decided on 10.1.2001 and CWP No. 14619 of 1995 titled Smt. Joyti
Juneja Vs. The State of Haryana & another decided on 5.7.1996.
The writ petition is opposed by the respondent / State only on
the ground that the petitioner is not covered by the instructions as she was
not in equivalent grade in previous employment, as stipulated in Annexure
P-4.
The contention raised by the learned Addl. A.G., Haryana is
that the appointment letter of the petitioner shows that she was appointed on
consolidated salary, therefore, she could not be treated to be in equivalent
grade/ scale to attract benefits under Annexure P-4 of previous service.
On consideration, I find no force in the contention raised by the
learned counsel for the respondent. The appointment letter of the petitioner,
which is placed on record clearly shows that she was confirmed in service in
the scale of Rs. 700-1600, though, granted consolidated salary of Rs. 1600/-
in the said grade. The instructions Annexure P-4 merely stipulate that the
CWP No. 6959 of 2009 4
person is to be in the same grade of Lecturer. It is not in dispute that the
grade of Lecturer at the relevant time was Rs. 700-1600 i.e. the grade in
which the petitioner was confirmed. The petitioner’s case is squarely
covered under the instructions Annexure P-4.
Resultantly, the writ petition is allowed, the impugned orders
Annexure P-11 & P-12 are quashed. The respondents are directed to
consider the past experience of the petitioner as Lecturer in Indo-Soviet
Friendship Pharmacy College, Moga, Punjab for the purpose of considering
her claim to the Selection Grade. Needful be done within a period of three
months from today, and consequential benefits and arrears be released to the
petitioner within next two months, thereafter.
No costs.
4.12.2009 ( VINOD K. SHARMA ) 'sp' JUDGE
