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 5this 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”