CWP No. 8192 of 2008 (1) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 8192 of 2008 Date of Decision: 15.5.2008 Union Territory, Chandigarh Administration and others ....Petitioners Versus Dr. (Mrs.) Usha Dhawal and others ...Respondents. Coram: HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE T.P.S. MANN Present: Shri Sanjiv Ghai, Advocate, for the petitioners. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? HEMANT GUPTA, J. The challenge in the present writ petition is to the order dated 5.9.2007 (Annexure P.6) passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as `the Tribunal'), whereby the applicant (respondent No.1 herein) was found entitled to the pay scale of Rs.4500-7300/- on completion of 25 years of service as Lecturer/Principal. The applicant performed the duties of the post of Principal, Government Home Science College, Sector 10, Chandigarh from 3.7.1990 to 30.9.2003. The applicant invoked the jurisdiction of the Tribunal under Section 19 of the Administrative Tribunals Act, 1985, claiming the pay scale of Rs.4500-7300/- i.e. the pay scale given to the Principal on completion of 25 years of service. It is the said prayer which has been granted by the Tribunal. Learned counsel for the petitioners has vehemently argued that the pay scale of the Principal is Rs.3700-5700/- and the applicant CWP No. 8192 of 2008 (2) before the Tribunal, was in the same pay scale as a Lecturer, being in the selection grade. However, while granting the pay scale of Rs.4500-7300/- to the petitioner, the learned Tribunal has placed reliance on an order passed by the Finance Secretary, Chandigarh Administration on 8.3.1991. The said order contemplates the grant of pay scale of Rs.4500- 7300/- as a placement scale and admissible to a Principal, who has completed a total service of 25 years as a Lecturer/Principal. The argument raised by the learned counsel for the petitioner is that since the applicant was not promoted as a Principal, therefore, the pay scale in terms of the aforesaid order cannot be claimed by the applicant. However, we do not find any merit in the said contention of the learned counsel for the petitioner. It is admitted by the petitioners that the applicant completed 25 years of service in the year 1997. Having completed 25 years of service, the applicant is entitled to a higher pay scale of Rs.4500-7300/- in terms of the order dated 8.3.1991. The Tribunal has referred to various orders passed by the Tribunal was well as the judgments of the Hon'ble Supreme Court reported as Selvaraj v. Lt. Governor Island of Port Blair, 1998(4) RSJ 22, to hold that the incumbent is entitled to the pay scale attached to the post of which he has discharged the duties and responsibilities. In view of the said fact, we do not find any illegality or irregularity in the order passed by the learned Tribunal, which may warrant interference by this court in exercise of its writ jurisdiction. Hence, the present petition is dismissed. (HEMANT GUPTA) JUDGE (T.P.S. MANN) JUDGE 15-05-2008 ds