Civil Writ Petition No. 13131 of 1989 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Writ Petition No. 13131 of 1989 Date of Decision: 29.6.2010 Swaranjit Singh …Petitioner Versus State of Punjab and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: None for the petitioner. Mr. J.S. Puri, Additional Advocate General, Punjab, for respondents No.1 and 2. None for respondents No.3 and 4. Kanwaljit Singh Ahluwalia, J. (Oral) The petitioner has filed the present writ petition with a prayer that he be granted a selection grade in the cadre of Lecturer, in accordance with the rules framed as the same was due to him after the completion of 15 years of his service. A reliance has been placed upon appointment letter (Annexure P1) which states that the petitioner was appointed as a Lecturer with respondent No.4-Privately Managed College, affiliated with Punjabi University, Patiala, in September 1970 and his date of joining, so intimated, was 3.10.1970 (forenoon). Further, the case of petitioner is that he was placed in the higher pay scale of a Tutor. At the relevant time, the pay scale of the Lecturer was Rs.300-25-600, whereas the Civil Writ Petition No. 13131 of 1989 2 Tutor was granted higher pay scale of Rs.300-25-800. On 11.8.1976, respondent No.3-Punjabi University, Patiala, took a decision that the posts of Demonstrators/Tutors in the affiliated colleges be abolished and no new appointments be made to such posts. The petitioner has made a claim that after his appointment as a Lecturer, he was placed in the higher scale of Tutor. Therefore, he had to be considered as a Lecturer and be granted a selection grade of Rs.1200-50-1840, which was due to the Lecturer, after the completion of 15 years of service, as per the revised pay scales introduced by the University Grant Commission. The stand of respondent-State of Punjab is that they have issued a letter dated 11.12.1987 (Annexure P5) to respondent No.4, in which it was specifically stated as under:- “...3. As regards the grant of the same to the eligible Lecturers, the following Principals may be kept in view: a) Selection Grade shall be available only on completion of 15 years service in the cadre; and that b) Work and conduct of the officer is satisfactory as a whole. c) The grant of Selection Grade shall be based on inter-se- seniority of the Lecturers maintained by the College. Civil Writ Petition No. 13131 of 1989 3 4. The formula of fixation on placement in the Selection Grade will be that which is applicable to the teachers working in Govt. Colleges in Punjab. According to that formula pay in Selection Grade shall be fixed at the same stage and if there is no stage, at stage next below and the difference in that and the pay being drawn being treated as personal pay to be absorbed in the next annual increment, date of which will be the same as in the ordinary scale. Few illustrations are attached as Annexure 'B'. 5. The amount of arrears, if any, may be included in the annual claims submitted under 95% deficit grant scheme”. It is further stated that the petitioner was initially working as a Tutor and was promoted as a Lecturer and his appointment was approved as such by the University on 15.4.1978. Therefore, on September 1985, the petitioner had not completed 15 years' of service as a Lecturer to his credit, therefore, the selection grade could not be granted to him. A reliance has been placed by the State of Punjab on letter dated 5.6.1972 (Annexure P2), whereby the University had approved the appointment of the petitioner to the post of Tutor in higher scale of Rs.300-25-800. Thus, from the facts, it emerges that the initial appointment of the petitioner was in the post of Lecturer in September 1970 in the pay scale of Rs.300-25-600. The University approved his appointment as a Civil Writ Petition No. 13131 of 1989 4 Tutor in the higher pay scale of Rs.300-25-800. Subsequently, the cadre of Tutor was abolished. Therefore, as per the revised pay scales, as introduced by the University Grants Commission, the petitioner cannot be denied selection grade, which was due to the Lecturer, after the completion of 15 years' of service. The petitioner cannot be put to disadvantage simply because he was placed in the higher pay scale. The petitioner was initially appointed as a Lecturer. Therefore, after the completion of 15 years of his service, he is entitled to the selection grade. Thus, the present writ petition is allowed and the petitioner is entitled to the selection grade of Rs.1200-1840 w.e.f. 19.10.1985. (Kanwaljit Singh Ahluwalia) Judge June 29, 2010 “DK”