CWP No. 6959 of 2009 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CWP No. 6959 of 2009 Date of Decision : 4.12.2009 Dr. V. Saraswati, Retd. Zoology Lecturer, GVM Girls College, Sonepat .......... Petitioner Versus The State of Haryana & others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. K.S. Yadav, Advocate for the petitioner. Mr. K.C. Bhatia, Addl. A.G., Haryana for respondents No.1 & 2. Mr. B.L. Gupta, Advocate for respondent No.3. **** VINOD K. SHARMA, J. (ORAL) The petitioner has invoked the writ jurisdiction of this Court under Articles 226 /227 of the Constitution of India to challenge the orders dated 6.4.2007 and 25.11.2008 ( Annexure P-11 & P-12) vide which the request of the petitioner to consider the past experience for continuous service for the purposes of grant of senior scale / Selection Grade, has been declined. The petitioner was appointed as Lecturer in Indo-Soviet Friendship Pharmacy College, Moga, Punjab and she remained in service there from 2.12.1985 to 30.9.1987. After completion of probation period she was placed in the pay CWP No. 6959 of 2009 2 scale of Rs. 700-1600. However, she was granted a consolidated salary of Rs. 1600/- in the said grade. The petitioner applied for the post of Lecturer in Zoology in Gita Vidya Mandir Girls College, Sopepat through proper channel, where she was appointed as Lecturer in the grade of Rs. 700-40-1100-EB-1300- Assessment-50-1600 plus A.D.A. etc., she joined the service immediately without any break on 5.10.1987 for the reason that 1.10.1987 to 4.10.1987 were holidays. The State of Haryana by way of notification dated 8.12.2000 allowed the benefit of previous service for grant of Senior Scale Selection Grade to the Lecturers. The notification dated 8.12.2000 ( Annexure P-4) provided as under :- “Previous service, without any break as Lecturer or equivalent, in a university, college, national Laboratory, or other scientific organizations, e.g. CSIR, ICAR, DRDO, UGC, ICSSR, ICHR and as a UGC Research Scientist, is to be counted for placing of lecturers in Senior Scale / Selection Grade provided that the post was in an equivalent grade / scale of pay as the post of a Lecturer. The petitioner being covered under the instructions claimed the benefit of previous service, which stands declined by passing a non- speaking order, attached as Annexures P-11 & P-12. Annexures P-11 & P- 12 read as under :- “ In reference to your letter no. 4530 Dated 23.2.2007 on the subject cited above. Dr. V. Saraswati does not comply the Government instruction dated 8.12.2000 hence CWP No. 6959 of 2009 3 she is not eligible for benefit of service rendered at Moga. Regret is felt on the issue.” “ In reference of the subject cited above your letter no.-Zero-- Dated 23.9.2008. It is inform you that you are not entitled for the benefit of service rendered in Moga. In this matter the Directorate already informed the Principal, GVM, Sonepat vide their letter dated 6.4.2007. Letter is attached.” In support of the claim the petitioner relied upon the judgments of this Court in the case of CWP No. 11125 of 1993 Dr. Romila Jain Vs. State of Haryana decided on 27.1.1995, CWP No. 18387 of 1998 Gita Vidya Mandir Girls College, Sonepat Vs. State of Haryana & others decided on 10.1.2001 and CWP No. 14619 of 1995 titled Smt. Joyti Juneja Vs. The State of Haryana & another decided on 5.7.1996. The writ petition is opposed by the respondent / State only on the ground that the petitioner is not covered by the instructions as she was not in equivalent grade in previous employment, as stipulated in Annexure P-4. The contention raised by the learned Addl. A.G., Haryana is that the appointment letter of the petitioner shows that she was appointed on consolidated salary, therefore, she could not be treated to be in equivalent grade/ scale to attract benefits under Annexure P-4 of previous service. On consideration, I find no force in the contention raised by the learned counsel for the respondent. The appointment letter of the petitioner, which is placed on record clearly shows that she was confirmed in service in the scale of Rs. 700-1600, though, granted consolidated salary of Rs. 1600/- in the said grade. The instructions Annexure P-4 merely stipulate that the CWP No. 6959 of 2009 4 person is to be in the same grade of Lecturer. It is not in dispute that the grade of Lecturer at the relevant time was Rs. 700-1600 i.e. the grade in which the petitioner was confirmed. The petitioner's case is squarely covered under the instructions Annexure P-4. Resultantly, the writ petition is allowed, the impugned orders Annexure P-11 & P-12 are quashed. The respondents are directed to consider the past experience of the petitioner as Lecturer in Indo-Soviet Friendship Pharmacy College, Moga, Punjab for the purpose of considering her claim to the Selection Grade. Needful be done within a period of three months from today, and consequential benefits and arrears be released to the petitioner within next two months, thereafter. No costs. 4.12.2009 ( VINOD K. SHARMA ) 'sp' JUDGE