HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.10265 of 2011 (O&M) Date of Decision: 21.10.2011 **** Ramgarhia College, Phagwara & Ors. . . . . Petitioners VS. State of Punjab & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Rahul Sharma, Advocate for the petitioners Ms. Sudeepti Sharma, DAG Punjab **** SURYA KANT J. (ORAL) (1). The real issue that arises for consideration in the present case is whether or not the State Government has taken some conscious decision to release the arrears of revised pay- scales to the teaching staff of the Government Colleges covered under the UGC scales as well as the similarly-placed employees of the Government-aided private Colleges to whom 95% of the deficit Grant-in-Aid is released by the State Government. (2). Having heard learned counsel for the parties and after going through the record, I find that the impugned speaking order dated 25.04.2011 (Annexure P5) passed by respondent No.3 is totally vague, evasive and throws no light on the decision, if any, taken by the State Government. So is the situation CWP No.10265 of 2011.doc - 2 – with the short-reply dated 20.09.2011 filed by the respondents which does not lead anywhere. Para 4 of the short-reply reads as follows:- “That it is pertinent to mention here that the State Govt. has not paid arrears of its Govt. Colleges teaching staff which is covered under UGC Scales that as and when the State Govt. will decide to release the arrears of pay scales to the privately managed Govt. Aided Colleges, the grant will be released as per conditions of 95% deficit Grant-in-Aid scheme.” (3). The predicament of the petitioner-College(s) is that unless the State Government takes a conscious decision they are reluctant to pay the arrears of revised pay to the extent of their 5% liability. In these circumstances, it appears imperative upon the State Government to take some policy decision depending upon its financial conditions and/or other relevant factors. (4). The writ petition is accordingly allowed to the extent that the impugned order dated 25.04.2011 (Annexure P5) is quashed and the respondents are directed to take an appropriate policy decision keeping in view all the relevant factors, as early as possible but not later than six months from the date of receipt of a certified copy of this order. CWP No.10265 of 2011.doc - 3 – (5). Ordered accordingly. Dasti. 21.10.2011 vishal shonkar (S u r y a K a n t) Judge