CIVIL WRIT PETITION NO.336 OF 1989 :{ 1 }: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: AUGUST 24, 2009 Jiwan Lal Raizada .....Petitioner VERSUS State of Haryana ....Respondent CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? PRESENT: Mr. Manu K. Bhandari, Advocate, for the petitioner. Mr. Harish Rathee, Sr.DAG, Haryana, for the State. **** RANJIT SINGH, J. Through this writ petition, the petitioner seeks grant of selection grade of Rs.1200-1840 with effect from 18.9.1973 or in the alternative with effect from 1.12.1985. The petitioner, who was appointed as a Senior Lecturer on 18.9.1973, was allowed to cross efficiency bar with effect from 1.1.1985. The petitioner claims that he had maintained a clean record and was not communicated any adverse report. He was allowed to officiate as Principal of the Government College, Bhiwani. Later on, however, he was adjusted against the vacancy of Senior CIVIL WRIT PETITION NO.336 OF 1989 :{ 2 }: Lecturer at Government College, Adampur, District Hisar. The pay scale of the Lecturer was revised from Rs.1200- 1840 to Rs.3700-5700 on 24.2.1988. On 25.2.1988, Governor of Haryana, granted selection grade of Rs.1200-1840 to Senior Lecturers. Order in this regard is Annexure P-6. The name of the petitioner is mentioned at Sr.No.57. However, 11 other persons were ignored temporarily for the release of selection grade on the ground that their over all service record was not found upto the mark. One post each for said persons was kept reserved and their cases were to be reviewed as and when they become eligible for the release of selection grade. The petitioner would submit that his name was in the list of persons who were granted selection grade, unlike those 11 persons, who were denied the grade. Still, the petitioner, thus, was denied the benefit of selection grade, though his service record was satisfactory and there was nothing with the respondents to deny the same. Subsequently, vide order dated 20.7.1988, Senior Lecturers were granted selection grade, which was again denied to the petitioner without any basis. Some of the persons, who were earlier denied this selection grade, however, were granted through Annexure P-10 dated 20.7.1988. Thus, the persons who were otherwise junior to the petitioner were granted selection grade whereas the petitioner was ignored. There was no basis for doing so. The petitioner accordingly filed the present writ petition, seeking grant of selection grade to him with effect from the date as already noticed. This writ petition was admitted for hearing on 16.8.1989. On that date, an affidavit was placed on record to show that adverse CIVIL WRIT PETITION NO.336 OF 1989 :{ 3 }: entries were communicated to the petitioner. Though reply has been filed, justifying the denial of selection grade to the petitioner taking one report to be an adverse one, yet, there would not be any need to go further into the claim made in the writ petition. During the pendency of the writ petition, the selection grade has been granted to the petitioner with effect from 1.1.1986. In fact, Mr.Rathi has placed before me a photostat copy of the draft amounting to Rs.37,778/-, which was prepared on 18.1.2008. The petitioner had refused to accept the same and endorsement in this regard was made on 16.2.2008. Learned counsel for the petitioner contends that a sum of Rs.52,000/- was due to the petitioner as arrears and not Rs.37,778/-, which were being paid and accordingly the petitioner had refused to accept the same. Further grievance is made that the petitioner would also be entitled to interest as this amount was unreasonably and unfairly not released to the petitioner in time. Since the claim made in the petition by the petitioner has been allowed and only the amount due is to be calculated, the claim made in the writ petition stands satisfied. The respondents have themselves conceded the right of the petitioner to receive this selection grade with effect from 1.1.1986. It is possible to view that this amount of Rs.37,778/- has been unreasonably kept by the respondents for all these years and thus, the petitioner would deserve some interest on the amount due. interest @ 6% per annum on the amount due appears reasonable. The petitioner may receive this amount of Rs.37,778/- offered to him, which he refused. The respondents shall pay this CIVIL WRIT PETITION NO.336 OF 1989 :{ 4 }: amount with interest @ 6% per annum. For this purpose, the petitioner may appear before the Director, Higher Education, Haryana, Chandigarh, on 9.9.2009. By then, the Director shall keep the demand draft of abovesaid amount alongwith 6% interest ready and hand it over to the petitioner. The petitioner would be at liberty to represent for the remaining amount, if any due to him on account of grant of selection grade w.e.f. 1.1.1986 within a period of two weeks from today. If any such representation is made, the same shall be considered and disposed of by passing a speaking order within a period of six months from the date of receipt of copy of this order. The writ petition is disposed of with the above observations. August 24,2009 ( RANJIT SINGH ) khurmi JUDGE