Civil Writ Petition No. 18041 of 2001 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Writ Petition No. 18041 of 2001 Date of Decision: 31.10.2008 Hukam Chand …Petitioner Versus The Post Graduate Institute of Medical Education and Research, Chandigarh. …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Gopal Mahajan, Advocate for the petitioner. None for the respondent. Kanwaljit Singh Ahluwalia, J. (Oral) Present writ petition has been preferred by Hukam Chand, who retired as Librarian from the Post Graduate Institute of Medical Education & Research, Chandigarh (hereinafter referred to as “the Institution”). In the writ petition filed under Article 226 of the Constitution, with a prayer for issuance of writ in the nature of certiorari seeking quashing of order dated 29.10.2001 (Annexure P20) whereby even though petitioner has been granted scale of Rs.2,200-4,000 w.e.f. 1.1.1986 in pursuance of Punjab Government Notification dated 6.4.1989 (Annexure P8) senior scale of Rs.3,000-5,000 and selection grade of Rs.3,700-5,700 after completion of service of eight years and Civil Writ Petition No. 18041 of 2001 2 16 years, has been denied to him though these senior scale and selection grade formed part of the same notification. Petitioner has sought further writ in the nature of mandamus directing the respondents that he be allowed senior scale and selection grade mentioned above after completion of eight and 16 years of regular service w.e.f. 1.1.1986 as has been allowed to various Librarians working in the Colleges/Public Libraries under the Punjab Education Department. Before this Court advert to the facts of the case, it would be appropriate to notice twofold submissions raised before this Court. It is submitted that:- a) once the Institution adopted the notification (Annexure P8) then the same has to be followed in entirety and senior scale and selection grade as per Annexure P8 has to accrue to the petitioner. b) Punjab Government subsequently had relaxed certain conditions enumerated in Annexure P8, therefore, the Institution is bound to follow the same course and relax those conditions for awarding senior scale and selection grade. Having noticed these two submissions, it will be pertinent to notice brief facts of the case. Petitioner was appointed as Librarian in the Privately Added College in the year 1966 in the grade of Rs.150-300. Thereafter, on 3.5.1968, he joined the respondent institution as Library Assistant in the grade of Rs.225-500. Punjab Government revised the pay scales of the Librarians working in the Colleges/Public Libraries in the State of Punjab Civil Writ Petition No. 18041 of 2001 3 as per their prescribed qualification vide letter dated 9.7.1971 (Annexure P1). Accordingly, the petitioner was also granted benefit by the Institution and he was placed in the scale of Rs.300-600 w.e.f. 1.11.1966. This scale was further revised by the Punjab Government on 1.1.1978 to the grade of Rs.700-1,200. Later, Punjab Government further revised the scale on 18.2.1983 to Rs.700-1,600. On 18.2.1986, the petitioner was conveyed that his scale has been revised to Rs.700- 1,600 w.e.f. 1.4.1980. These facts have been shown by the petitioner to urge that throughout his service career, he was getting benefit of revision of pay scale which was being granted to the Librarians working in the Colleges/Public Libraries run by the State of Punjab. Grievance of the petitioner was that w.e.f. 1.1.1986, State of Punjab revised the pay scale of Rs.700-1,600 to Rs.2,200-4,000 and also introduced two further grades called as senior scale and selection grade which carried the grade of Rs.3,500-5,000 and Rs.3,700-5,700, respectively. This Court need go to details but the petitioner had to file a writ petition and a contempt petition to get a scale of Rs.2,200-4,000 which was ultimately granted to him vide impugned order (Annexure P20) dated 29.10.2001. Though the petitioner is satisfied that he has been granted the scale of Rs.2,200-4,000 w.e.f. 1.4.1986, on 29.10.2001 he has laid claim in this writ petition that he should be granted senior scale of Rs.3,000-5,000 and selection grade of Rs.3,700- 5,700 on completion of service of eight and sixteen years, respectively. Mr. Mahajan has referred to Annexure P8 in which senior scale and selection grade have been mentioned. It will be pertinent to Civil Writ Petition No. 18041 of 2001 4 reproduce paras 5 to 9 of the notification dated 6.4.1989 (Annexure P8):- “5. Every assistant Librarian and Assistant Director of Physical Education in a University and a Librarian and Director/Instructor of Physical Education in a College, who is in the scale of pay of Rs.2,200-4,000 will be placed in a senior scale of Rs.3,000-5,000, if he/she has:- a) completed 8 years service after regular appointment with relaxation as provided in para 4 above. b) Participated in two refresher courses/summer institutes, each of approximately four weeks' duration or engaged in other appropriate continuing education programme of comparable quality as may be specified by the UGC; and c) Consistently satisfactory performance appraisal reports. Explanation – All existing incumbents of these posts in the Universities and College Cadre Librarians, ; who are in the scale of Rs.700-1,600 and who have completed 8 years of service on Ist January, 1986 will be placed, through a process of screening/selection as indicated in para 10 below of Civil Writ Petition No. 18041 of 2001 5 this annexure in the scale of Rs.3,000-5,000. The benefit of service provided in para 4 above will be available for the initial placement also. 6. Every Assistant Librarian and Assistant Director of Physical Education in the Universities who have been placed in the senior scale will be eligible for promotion to the post of Deputy Librarian and Deputy Director of Physical Education respectively in the scale of pay of Rs.3,700-5,700 if he/she has: a) completed 8 years of service in the senior scale: provided that the requirement of 8 years will be relaxed if his/her total service is not less than 16 years; b) obtained a Ph.D degree or an equivalent published work; c) made significant contributions to the development of Library Services/Physical Education in the University as evidenced by self-assessment, reports of references, professional improvement in the Library Services/Physical Education activities etc. as the case may be; d) participated in two refresher courses/summer institutes each of approximately 4 weeks' duration, or Civil Writ Petition No. 18041 of 2001 6 engaged in other appropriate continuing education programmes of comparable quality as may be specified by the UGC, after placement in the senior scale; and e) consistently good performance appraisal reports. 7. Promotion to the post of Deputy Librarian/Deputy Director of Physical Education will be through a process of selection by a Selection Committee as in the case of promotion to the posts of Readers. Posts of Deputy Librarians/Deputy Director of Physical Education will be created for this purpose by upgrading the post of Assistant Librarian/Director of Physical Education (Senior Scale). 8. Those Assistant Librarians and Assistant Directors of Physical Education in Universities in the Senior Scale who do not have Ph.D. degree or equivalent published work, but fulfill the other criteria, mentioned in para 6 above will be placed in the grade of Rs.3,700-5,700 subject to the recommendations of the Committee mentioned in para 7 above. They will be designed as Assistant Librarian and Assistant Director of Physical Education in the Selection Grade. 9. The College Cadre Librarians and Civil Writ Petition No. 18041 of 2001 7 Director/Instructors of Physical Education in Colleges, who have been placed in the Senior Scale will also be eligible for placement in the Selection Grade of Rs.3,700-5,700 if they fulfill the criteria prescribed in para 8 above”. On filing of the writ petition, notice was issued. A written statement has been filed. As it is evident from the perusal of impugned order, senior scale of Rs.3,000-5,000 has been denied to the petitioner as he has not participated in two refresher courses/summer institute each of approximately four weeks' duration or has not engaged in other appropriate continuing education programme of comparable quality as may have been specified by the University Grant Commission. Similarly, selection grade has been also denied to the petitioner has he has not obtained Ph.D Degree or has no published work to his credit. To counter this, Mr. Mahajan has drawn my attention to Annexure P21, a subsequent notification issued by the Director of Public Instructions (Colleges), Punjab at Chandigarh, to show that the condition of participation in orientation courses by the Librarians as one of the conditions for the grant of these grades has already been relaxed by the Punjab Government upto 31.3.1991. It will be relevant to reproduce a portion of notification (Annexure P21):- “XXXX XXXX XXXX Subject: Grant of Senior scale/selection grade to the Librarians working in Govt. Colleges/Public/District Libraries in Punjab. Civil Writ Petition No. 18041 of 2001 8 Reference your memo no. DPI-UTC-12 (21) 82 dated 24.4.92 on the subject cited above. In this connection it is intimated that the senior/selection grade of Rs.3000-5000 and 3700- 5700 respectively is being released to all those College cadre Librarians working in the Government Colleges/Public/District Libraries in Punjab, who complete 8/16 years of regular service as Librarian. The condition of participation in orientation courses by the Librarians as one of the conditions for the grant of these grades has already been relaxed by the Punjab Government upto 31.3.1991. XXXX XXXX XXXX” The question which I have posed to Mr. Mahajan that whether it is mandatory for the Institution which is an autonomous body to adopt Annexure P21 also. Was it incumbent upon the Institution, that having adopted Annexure P8, also to adopt Annexure P21. To counter this, Mr. Mahajan has stated that since 1968 when the petitioner joined the Institution he has been granted all benefits to which Librarians working in the Colleges/Public Libraries of Punjab Government were entitled to. He has stated that all relaxations which were permissible to Librarians of Colleges/Public Libraries of Punjab were also available to the petitioner. He has drawn my attention to Annexure P19 when earlier revision of pay scale was granted then also relaxation was made by the Punjab Civil Writ Petition No. 18041 of 2001 9 Government and equal relaxation was also construed in favour of the petitioner. Since the petitioner throughout his service career has been dealt with as the Punjab Government was dealing with Librarians posted in the Colleges of Punjab and Public Libraries, there is no reason for the Institution to treat the petitioner differently at the time of granting benefit after revision of pay scale vide Annexure P8. Therefore, this writ petition is allowed. It is held that the petitioner will be entitled to senior scale and selection grade as per notification (Annexure P8) and participation in two refresher courses/summer institute, a condition noticed in sub para (9) of the impugned order shall not be construed against the petitioner. Taking these observations into light, the Institution shall pass a fresh order for awarding senior scale and selection grade to the petitioner. Needless to say that arrears to the petitioner shall be restricted to 38 months before filing of the writ petition. (Kanwaljit Singh Ahluwalia) Judge October 31, 2008 “DK”