IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 7858 of 2001 (O&M) Date of decision: 3rd December, 2008 Dr. B.K. Joshi … Petitioner Versus Panjab University, Chandigarh and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Animesh Sharma, Advocate for Mr. A.D.S. Jattana, Advocate for the petitioner. Mr. B.L. Gupta, Advocate for respondent No.1. Mr. Satish Bhanot, Senior DAG Punjab for respondents No.2 and 3. Mr. Rajiv Raina, Advocate for respondents No.4 and 5. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Petitioner Dr. B.K. Joshi initially joined as a Lecturer in French in Director Public Instruction (Colleges), Punjab, Chandigarh w.e.f. 31st August, 1963 at Government College, Kapurthala. Thereafter, he was transferred to Chandigarh in year 1966. After the partition of the State of Punjab, Chandigarh became Union Territory and his services were placed on deputation with Director Public Instruction, UT Chandigarh. He was confirmed as a Lecturer w.e.f. 23rd August, 1973 in the cadre of the State of Punjab and was placed at the seniority No.169. On 31st January, 1996, a post of Professor in French accrued in the Panjab University, Chandigarh. Petitioner, through proper channel i.e. Director Public Instruction, Chandigarh Administration and Director Public Instruction, Punjab, applied for the said post. He was selected as Reader in the Department of French, Panjab University, Chandigarh. He was relieved on 26th August, 1996 by Civil Writ Petition No. 7858 of 2001 (O&M) the Punjab Government Education Department with two conditions that his lien with the Punjab Government will be maintained upto 30th September, 1996 and payment towards leave and pension contribution to the Punjab Government shall be made by the Panjab University, Chandigarh or by the petitioner himself. Before joining Panjab University, as petitioner was drawing higher salary in his parent department, he made a representation that post will be acceptable to him only if he is placed at the starting point with an initial basic pay of Rs.5500/- per month. It will be pertinent to mention here that at that time, the scale which was permissible to a Reader was Rs.3700-125-4950-150-5700. This was not acceptable to the Panjab University, therefore, on 5th August, 1996, petitioner represented to the Vice Chancellor that he be allowed three increments on joining the post. This part of the averments has been taken from the written statement filed by the Panjab University. The Vice Chancellor, after considering the representation and the basic pay being drawn by the petitioner in his parent department, in exercise of authorization given by the Syndicate/ Senate, fixed the basic salary of the petitioner as Rs.5400/- per month. Since the petitioner was not to be put to the disadvantage by joining the Panjab University, he was granted three increments by the Vice Chancellor. Therefore, he was offered the post of Reader in the pay scale of Rs.3700-5700 at a basic pay of Rs.5400/- per month plus usual allowances vide a letter dated 26th August, 1996. It has been so averred by the University that in the appointment letter of the petitioner, in column No.2, it has been stated as under: “Pay: Rs.5400/- p.m. plus allowances in the above pay scale with the next date of increment to be the same as at present, subject to the production ‘Last Pay Drawn Certificate’ from your present employer.” 2 Civil Writ Petition No. 7858 of 2001 (O&M) Dispute arose when the scales were revised by acceptance of Pay Commission’s report. Para materia revised scale accepted by the University Grants Commission for the post, on which petitioner was discharging his duty, was Rs.12,000-420-18,300. Revised scales were granted w.e.f. 1st January, 1996, however, the report of Pay Commission were accepted by the University later. Having noticed the above facts, which have been taken out from the writ petition preferred by the petitioner and the written statement filed by the Panjab University, it will be pertinent to notice the grievance of the petitioner. Petitioner has made a prayer in the present writ petition that a writ in the nature of mandamus be issued directing the respondent University to correctly fix the pay of the petitioner in the pay scale of Rs.12000-18300. It has been stated that respondents have committed a grave error in fixing pay of the petitioner at the starting stage in the revised pay scale of Rs.12000-18300, without reference to protection of his pay at Rs.5400/- in the University’s pay scale, before acceptance of Pay Commission’s report in the old scale of Rs.3700-5700. I have heard Mr. Animesh Sharma, counsel for the petitioner; Mr.B.L. Gupta, counsel for the University; Mr.Rajiv Raina appearing for the Chandigarh Administration and Mr.Satish Bhanot appearing for the State of Punjab. It has been stated by Mr.Rajiv Raina and Mr.Satish Bhanot, counsel for UT Chandigarh and State of Punjab respectively, that they have no concern once the petitioner was allowed to join Panjab University. There was a severance of relationship of employee with them and the petitioner became permanent employee of the Panjab University. Mr.B.L. Gupta appearing for the University has stated that since the petitioner had joined the University in October, 1996, therefore, the petitioner has been rightly placed in the initial scale of Rs.12000-18300 and his basic pay in 1996 has been fixed as Rs.12000/- To counter this, Mr.Animesh Sharma 3 Civil Writ Petition No. 7858 of 2001 (O&M) appearing for the petitioner has stated that petitioner has been deprived of not only the benefit of past service but also three increments, which were given to him as equivalence to the last pay drawn by him in his parent cadre. Therefore, it has been stated that he was to be placed in the scale of Rs.12000-18300, taking the basic pay to be Rs.5400/- as a determining factor for grant of revised pay scale to the petitioner. Therefore, it has been prayed that correspondingly, basic pay of the petitioner has to be fixed at Rs.14,940/-. I find merit in the arguments raised by the counsel for the petitioner. Once the petitioner was given benefit of his past service and his basic pay was fixed at Rs.5400/-, while joining the University, there is no justification for the University to place the petitioner in the initial basic pay of Rs.12000/-. If that is allowed, then it would be taken as the petitioner has joined in the scale of Rs.3700/-, which was initial basic pay in the old pay scale. Therefore correspondingly, salary of the petitioner is to be fixed taking the basic pay of Rs.5400/-, which the petitioner was drawing in the old scale, when the revision of pay scale took place. Accordingly, the arrears of the petitioner shall be calculated by the Panjab University and same shall be paid to him within three months. Petitioner shall also be entitled to interest @ 9 percent per annum on the arrears, which were due to him, as interest has accrued to the petitioner due to lapse on the part of the University. With these observations, present writ petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE December 3, 2008 rps 4