Civil Writ Petition No. 6564 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 6564 of 2010 Date of decision:- 28.07.2011 Pinto Emerson and another ...Petitioners Versus State of Punjab and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- None for the petitioner. Mr. Puneet Gupta, Addl.A.G. Punjab. Mr. Sukhdeep Singh Bhinder, Advocate for respondent No.3. RITU BAHRI J. This writ petition under Article 226/227 of Constitution of India has been filed for quashing of order dated 09.11.2009 (Annexure P-3) vide which the petitioners' case for fixation of pay in the senior scale under Assured Career Advancement Scheme has been rejected. The petitioners have joined the respondent No.3 on 16.1.1991 as Lecturers in the pay scale of Rs.2200-4000. The scale was revised to Rs.8000-275-13500 while implementing the 5th pay commission w.e.f. 1.1.1996. As per AICTE guidelines issued on 31.7.2001 a lecturer was eligible for benefit under Career Advancement Scheme on completion of six years of regular service with relaxation of one year for those who have passed M.Phil/ME/M.Tech and have participated in National Programs. Their representation was referred to the Board of Governors to consider the case Civil Writ Petition No. 6564 of 2010 -2- of the petitioners. It was recommended that those who became eligible for Career Advancement increment on 31.12.2004, their pay will be notionally fixed and benefit of arrears will be given w.e.f. 1.1.2005. These recommendations of the Board of Governors (competent authority) were accepted by the Government on 2.1.2006. Petitioners left the respondent-college on 05.8.1999. The benefit under the Career Advancement Scheme was granted to the petitioner No.1 w.e.f. 16.1.1997 and to petitioner No.2 on 14.1.1997 vide order dated 23.1.2006. The petitioners were not granted the arrears of revised senior scale. They made representations to the college on 29.5.2008 (Annexure P-1) stating that lecturers, who are similarly situated as petitioners i.e. Shri Pawan Kapur and Shri Roshan Lal have been granted senior scale w.e.f. the date of eligibility. Mr. Puneet Gupta, Additional Advocate General Punjab has argued that as per the reply filed, notification dated 29.10.2004 was issued by the Government of Technical Education for allowing the benefit of Career Advancement Scheme (Annexure R-1). The Committee constituted by the Government made recommendations on 27.10.2005. One of the recommendation was that those faculty members whose benefit of Career Advancement Scheme becomes due before 31.12.2004, their pay will be fixed notionally from the due date and the benefit of arrears will be given w.e.f. 1.1.2005. These recommendations were accepted by the Government on 2.1.2006. In this regard petitioners gave affidavits (Annexure R-4 and R-5) that they will not claim any arrears. The salary of the petitioners were notionally fixed after allowing them the Career Advancement Scheme w.e.f. 16.1.1997 and 14.1.1997. The petitioners had left the college on 4.3.1999 and 5.8.1999 as per recommendation of the Committee and the arrears were to be given after 1.1.2005. Accepting the stand of the respondents that the benefit of arrears will be given w.e.f. 1.1.2005, the petitioners are held not entitled to the arrears Civil Writ Petition No. 6564 of 2010 -3- on account of the fact that they were not in service as they had left the college on 4.3.1999 and 05.8.1999, the writ petition is dismissed. 28.7.2011 ( RITU BAHRI ) Vijay Asija JUDGE