CWP No. 13225 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CWP No. 13225 of 2009 Date of decision: 18.10.2011 Dr. Vikas Choudhary ........ Petitioner Versus National Institute of Technology, Kurukshetra and others......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Tribhuvan Dahiya, Advocate for the petitioner Mr. Varun Gupta for respondents No. 1 to 3 None for respondent No. 4 -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. Prays for issuance of a writ of in the nature of certiorari quashing the letter dated 02.04.2009 (P13) and 04.05.2009(P15) vide which, the request of the petitioner for counting of past service for grant of senior scale and selection grade has been declined. The petitioner was appointed as Lecturer in Commerce in Manohar Memorial College, Fatehabad (MM College) vide letter dated 07.12.1990 (P2). He was appointed as Lecturer on a permanent post on the recommendation of a duly constituted selection committee as per procedure laid down by the Kurukshetra University, Kurukshetra and the Government CWP No. 13225 of 2009 2 of Haryana. The petitioner was M.Com (First Class) with M.Phil which were the qualifications prescribed by the University Grants Commissioner and the Kurukshetra University for appointment as Lecturer at that time. The post of Lecturer of Commerce upon which the petitioner was appointed, carried a pay scale of Rs.2200-4000, as prescribed by the UGC. The petitioner remained on probation for a period of one year and was confirmed as Lecturer thereafter. The petitioner was later on selected as Lecture in Humanities in the respondent Institute, earlier known as Regional Engineering College, Kurukshetra. It was a regular selection on the recommendation of a duly constituted selection committee as per the procedure laid down for which the petitioner had applied through proper channel. Thereafter, the petitioner resigned as Lecturer of Commerce in MM College. His resignation was accepted by the Principal Vide letter dated 20.03.1997 (P3) and he was relieved of his duties as lecturer in commerce on the same day. The petitioner's Provident Fund from his former employer (MM College) was officially transferred to the respondent- Institute vide draft dated 02.05.1998. After acceptance of resignation, the petitioner joined as lecturer in Humanities in the respondent Institute. The petitioner's pay and date of increment were protected by giving him benefit of the past service rendered in MM College, Fatehabad as Lecturer vide order dated 30.04.1997 (P4). Accordingly, his pay was fixed at Rs.2650/- per month in the pay scale of Rs.2200-4000. The respondents issued Career Advancement Scheme (CAS) P5 for promotion of lecturer to senior scale and selection grade on fulfilment of the laid down conditions and counting of past service, which was made applicable w.e.f. 27.07.1998. The petitioner was duly found entitled to grant of senior scale and the same was CWP No. 13225 of 2009 3 notified vide office order dated 29.10.2004 (P7). The petitioner was, however, not given the benefit of past service which made him eligible for grant of senior scale w.e.f. 27.07.1998 on completion of five years service as lecturer with M.Phil. On attaining the requisite experience and fulfilling all other qualifications/conditions, the petitioner applied for being placed in the scale of Lecture (selection grade) under the Career Advancement Scheme. The petitioner was selected by the Selection Committee for being placed in lecturer (selection grade) of Rs.12000-18300 vide office order dated 24.01.2008 (P11). Vide this order, once again the petitioner was placed in the lecturer (selection grade) without granting him the benefit of past service rendered in MM College, which made him eligible for grant of selection grade w.e.f. 27.07.2003 on completion of five years service as lecturer (senior scale). The University Grants Commissioner vide letter dated 27.11.1990 (P6) revised the guidelines for counting past service of lecturers for the purpose of grant of senior scale and selection grade under the Career Advancement Scheme. The petitioner, who had obtained M.Phil in Commerce in the year 1990, became eligible for placement in the senior scale as lecturer w.e.f. 27.07.1998 on counting of the service (from 07.12.1990 to 20.03.1997) rendered by him as lecturer in commerce in MM College Fatehabad. The respondent Institute however, did not do so. The petitioner, who fulfils all the conditions for grant of senior scale as per the Scheme dated 30.01.2004 (P5) appeared for interview for placement in the senior scale. The petitioner, accordingly, represented the Director vide representation dated 16.12.2008 (P12) to grant him past service benefit for grant of senior scale and selection grade. However, his aforesaid prayer was CWP No. 13225 of 2009 4 declined vide letter dated 02.04.2009 (P13) only on the ground that the petitioner did not apply for the appointment as lecturer in the respondent institute through proper channel. His second representation was also declined vide letter dated 04.05.2009 (P15). Reply has been filed by the respondent Institute. The aforesaid facts are not disputed. The only objection raised by the respondent-Institute, while declining the relief to the petitioner, is that the petitioner never applied through proper channel to the respondent-Institute. Rather, he applied directly as an independent candidate. As such, he was considered by the respondent Institute as an independent/direct candidate and not the one already working in any Government Organisation. Heard. Attention of this Court has been invited to interview letter dated 03.02.1997 (P18). As per the said letter, the petitioner was required to bring the certain documents in order to show that he had applied through proper channel. The same are as under:- 1. Original Certificates in support of your Academic/Professional Qualification and for Specialisation (If applicable) and Character Certificate from the Institution last attended. 2. Original Certificate indicating date of birth (proof of age) 3. Last Pay Drawn Certificate with details like pay, DP, DA/ADA and the date of next increment. 4. Original Certificate of Experience from your employer. 5. In case, your application has not been forwarded by your employer, No Objection Certificate from your present employer, in the absence of which you will not be CWP No. 13225 of 2009 5 interviewed. 6. Attested copies of the Degree or Diploma and other- sic- in case you have not attached the same with your application. 7. Indian Postal Order for the amount specified in the advertisement in case it has not been sent along with the application. The petitioner duly produced the No Objection Certificate dated 26.02.1997(P19) as well as last pay drawn certificate dated 26.02.1997 (P20) from his former employer (MM College Fatehabad). Thus, it cannot be said that the petitioner did not apply through proper channel. He was considered by the respondent Institute as candidate already working as lecturer in the Government aided College. As per the interview letter dated 03.02.1997 (P18), the candidates whose application for the post, has not been forwarded by their respective employers, were required to bring 'Last Pay drawn' certificate as well as 'No Objection Certificate' from the employers and only on submission of these certificates, such candidates were to be interviewed. On the basis of production of these documents, the petitioner was duly considered as candidate already working as lecturer in other institute i.e. MM College, Fatehabad and it was on account of this fact that the petitioner's pay was protected as per the Last Pay Drawn Certificate submitted by the petitioner before interview. In fact, the petitioner's provident fund from his former employer (MM College Fatehabad) was also officially transferred to the respondent Institute. The said application carried the endorsement of the College authorities dated 27.03.1998 and the Director High Education. The same has been placed on record as P-21 along the replication. CWP No. 13225 of 2009 6 There is no doubt that the petitioner was fully qualified and is entitled for counting his past service rendered in the MM College Fatehabad towards grant of senior scale and selection grade. The objection of the respondent-institute is unfair and arbitrary on the face of it. The petitioner was allowed to be interviewed only in case, he brought the original No Objection Certificate from his previous employer (MM College, Fatehabad) and in the absence of the application forwarded by the former employer, no objection certificate was required to be produced. The petitioner admittedly produced the same and it was only thereafter he was interviewed. Thus, to say that the petitioner did not apply through proper channel is rather not borne out from the official record. Therefore, to deny the benefit of grant of senior scale and selection grade on the ground that the petitioner did not apply through proper channel is both discriminatory and arbitrary. The averments in para 4 of the reply that the petitioner never objected to the non grant of senior scale and selection grade w.e.f. 30.09.2004 is also contrary to the record. The petitioner duly made representations dated 05.08.2004 (P8) and dated 16.12.2008 (P12) which was duly replied by the respondent institute vide letter dated 02.04.2009 (P13). He is fully entitled to get the past service benefit for the purpose of senior scale and selection grade. Inspite of the same, the respondent- Institute, rejected the request of the petitioner for grant of senior scale and selection grade. Therefore, the petitioner has been made to run from pillar to post for the grant of senior scale and selection grade, for which, he is otherwise entitled. He has been made to approach this Court for no fault of his. Accordingly, the present petition is allowed with Rs.20,000/- as costs. The respondent-institute is directed to count the past service rendered by the CWP No. 13225 of 2009 7 petitioner in MM College Fatehabad for the purpose of grant of senior scale and selection grade, respectively, with 9% interest from the date when it was due to him with all consequential benefits till payment. (Nirmaljit Kaur) Judge 18.10.2011 mohan