IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP(T) No. 3125 of 2008 (OA 689/96) Date of Decision : May 12, 2009 Sh. Satya Pal Sood Petitioner Versus The Commissioner-cum-Secretary (Education) to the Government of H.P., Shimla-171002. Respondent Coram: Hon’ble Mr. Justice Sanjay Karol, Judge. Whether approved for reporting?1 No. For the petitioner : Mr. Dushyant Dadhwal, Advocate, for the petitioner. For the respondent : Mr. R. K. Sharma, Sr. Addl. Advocate General with Mr. Ankush Dass Sood, Addl. Advocate General and Mr. R.P. Singh, Asstt. Advocate General for respondent. Sanjay Karol, J. (Oral) The petitioner has prayed for the following reliefs: “(i) Quash Annexure-A/3 as being illegal, arbitrary unconstitutional in so far a it grants the scale of 3000-5000 to the applicant w.e.f. 1.3.93. (ii) Direct the respondent to pay the petitioner the grade of 3000-5000 w.e.f. 10.8.87 and selection grade 3700-5700 w.e.f. 11.8.95.” Annexure A-3 is the notification dated 16.12.1994 awarding senior scale of Rs. 3000-5000 and selection grade of Rs. 3700-5700 to the petitioner w.e.f. 1.3.1993. 1 Whether reports of Local Papers may be allowed to see the judgment? 2 The petitioner was initially appointed as college lecturer in Physics with Shri Vishnu Sanatan Dharam College, Bhatoli on 11.8.1980. The said institution was affiliated with Himachal Pradesh University and for all purposes for fixation of pay etc. was governed by the Rules and Regulations/calendar of the H.P. University. The services of the petitioner were availed by the respondent and he was given fresh appointment as Lecturer in Government College Chamba w.e.f. 1.3.1986. There is no break of service. The petitioner has been successfully and satisfactorily discharging his duties. It appears that the issue of fixation of pay cropped up with the university and as such clarification was sought from the University Grants Commission, Delhi who vide letter dated 21.11.1990 clarified that for the purposes of senior scale/selection grade under the Career Development Scheme for Lecturer previous service, without any break as Lecturer should be counted for placement of Lecturer in senior scale/selection grade. It was pointed out that no distinction be made with reference to the nature of the management of the institution (private/local body/ government), where previous services were rendered. It is not in dispute that the petitioner otherwise fulfills the criteria laid down in the said clarificatory letter. Hence for the purposes of according the benefits of Career Development Scheme petitioner’s past service is to be counted. Annexure P-3 to the effect that it awards senior scale/selection grade to the petitioner w.e.f. 3 1.3.1993 is quashed. Respondents are directed to pay to the petitioner, grade of Rs. 3000-5000 w.e.f. 10.8.1987 and selection grade of Rs. 3700-5700 w.e.f. 11.8.1995. Arrears be released within a period of three months from today failing which, thereafter, he shall be entitled to interest @ 9%. Petition is disposed of with the aforesaid observations. Mr. Dushwant Dadhwal, learned counsel for the petitioner has referred to and relied upon the decision rendered by the Apex Court in Sharadendu Bhushan versus Nagpur University, Nagpur and others, AIR 1988 SC 335, wherein according to him under similar circumstances, similar benefits were accorded. (Sanjay Karol), Judge. May 12, 2009 (PK)