CWP No. 5811 of 1998 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 5811 of 1998 Date of Decision: 13.08.2010 Puran Chand Kapila ...Petitioner Vs. CCS Haryana Agricultural University, Hisar ...Respondents & Anr. CORAM Hon'ble Mr.Justice Vinod K.Sharma Present: Mr.Subhash Ahuja, Advocate, for the petitioner. Mr.Arvind Seth, Advocate, for the respondents. --- Vinod K.Sharma, J . (Oral) The petitioner has invoked the writ jurisdiction of this court under Articles 226 and 227 of the Constitution of India, for issuance of a writ in the nature of certiorari, for quashing the order dated 27.10.1997, Annexure P.15 vide which benefit granted to the petitioner under the Personal Promotion Scheme, by counting his entire service, was withdrawn/reviewed. Admitted facts leading to the filing of this writ petition are, that on 28.12.1974, respondent/University advertised the post of Senior CWP No. 5811 of 1998 2 Library Assistant, with the following qualification and grade of pay scales: “Rs.300-600 for person holding Ist & 2nd Class Master's Degree with a Diploma in Library Science; Rs.250-550 for person holding III Class Master's Degree with a Diploma in Library Science; Rs.220-500 for person holding B.A.Degree with Diploma in Library Science.” The petitioner is MA Ist Class degree holder, with diploma in Library Science. The petitioner applied for the post of Senior Library Assistant in the grade of Rs.300-600/-. The petitioner was called for interview on 24.3.1975, and having been found eligible and successful in the interview, was issued appointment letter of Senior Library Assistant on 28.6.1975. Even though the petitioner as per advertisement was to be placed in the grade of Rs.300-600/-, but in the appointment letter issued to him, he was granted pay scale of Rs.250-550/-. The petitioner joined services, and made representation on 5.7.1975, to the University for grant of grade of Rs.300-600/- in view of his qualification in view of advertisement for filling up post of Senior Library assistant. No response was received by the petitioner on the representation filed by him, therefore, he made another representation on 7.11.1977. The respondent/ University found force in the representation CWP No. 5811 of 1998 3 and redressed his grievance, by placing him in the Grade of Rs.300-600/- but grade was granted to the petitioner with prospective effect i.e. with effect from 1.10.1977 instead of 5.7.1975. The petitioner was satisfied with the grant of grade with prospective effect. On 31.3.1985 pay scale of Library staff was revised on the recommendation of University Grants Commission and Senior Library Assistants were placed in the grade of Rs.550-900/-. Thereafter, on 31.3.1985 on the recommendation of University Grants Commission designation of the post of Senior Library Assistant, was changed to that of Assistant Librarian and the pay was revised to Rs.700-1600/- on the pattern of teaching staff. Pay Scale of Rs.700-1600/- was further revised to Rs.2200-4000 w.e.f. 1.1.1986. On 30.4.1994 respondent/University, on the pattern of teaching staff, extended the benefit of Personal Promotion Scheme to the Library staff on the pattern of State Government, neighbouring Universities and also as per the University Grants Commission recommendation. This decision was taken in view of the recommendations made by the expert body, called as the Dr.Pradhan Committee. The Pradhan Committee recommended promotional scheme to employees who had rendered 20 years service in the grade of Rs.300-600/-. The petitioner was not included in the list of persons, entitled to benefit under the Personal Promotion Scheme as he had not completed 20 years service in the grade of Rs.300-600/-, as grade of Rs.300-600/- was granted to him w.e.f. 1.10.1977, and not from the date of his initial CWP No. 5811 of 1998 4 appointment. On 12.5.1994 the petitioner made a representation requesting the authorities to count his entire service rendered on the post of the Senior Library Assistant i.e. both in the Pay Scale of Rs.250-550/- and Rs.300- 600/-, for the reason that the petitioner worked in the Pay Scale of Rs.250- 550/- from the date of initial appointment till grant of pay scale of Rs.300- 600/- for, no fault of his, as he was to be placed in the grade of Rs.300-600/- as per his qualification on the date of initial appointment. On 20.8.1994, the representation made by the petitioner was accepted, and order Annexure P.10 was passed which reads as under:- “Please refer to your recommendations vide O.O. no. HAU/Lib/A1/2918 dated 29.6.94 on the above mentioned subject. The case of Sh. P.C.Kapila was examined. The post of Sr. Lib. Asstt. was advertised in Jan., 1975 with the following pay scale and qualifications: a) Rs. 300-25-450/25-600 : Holding Ist or 2nd Class master Degree with diploma in Library. b) Rs.250-25-450/25-500 : Holding 3rd Class Master's Degree with diploma in Library. c) Rs.220-8-300-10-400/20-500: Holding B.A. Degree with diploma in Library. Shri P.C. Kapila possessed the following qualifications: -B.Sc. (49.54% marks) CWP No. 5811 of 1998 5 -M.A. 1st Division. -B.Lib.Sc. 1st Division. However, the selection committee which met on 17.4.75 recommended the appointment of Sh. Kapila in the scale of Rs.250-500 instead of grade of Rs.300-600 for which he fulfilled the qualifications, on his request to the Vice- Chancellor. He was granted scale of Rs.300-600 w.e.f. 1.10.1977 Comptroller's office order Endst. No. CAUH. B.IV/78/25 246- 50 dated 3.1.1978. Keeping in view this background and also keeping in view your recommendations, the Vice-Chancellor has allowed Sh. P.C. Kapila, Asstt. Librarian to count the period of service rendered by him as Sr. Library Asstt. from 5.7.75 to 30.9.77 for the limited purpose of personal promotion only. Please inform the official concerned accordingly.” Pursuant to the decision, Annexure P.10 reproduced above, the petitioner submitted his application vide Annexure P.11 for the grant of benefit under the Personal Promotion Scheme. Instead of granting benefit under the Personal Promotion Scheme, the University vide order dated 25.8.1995, withdrew the order Annexure P.10, on the ground, that service rendered by the petitioner as Senior Assistant Librarian in the grade of Rs.250-550/- was not to be CWP No. 5811 of 1998 6 counted, towards the service rendered by him for the purposes of Personal Promotion Scheme. The petitioner along with other employees submitted, a representation against the decision of withdrawing the benefit granted to the petitioner vide Annexure P.10. Vide Annexure P.15 dated 27.10.1997 the representation of the employees was rejected. The learned counsel for the petitioner challenged the orders Annexure P.12 and P.15 on the grounds, that the respondent authorities had no jurisdiction, whatsoever, to review the decision taken vide Annexure P.10, for want of powers of review under the University Calendar. It was also the contention of the learned counsel for the petitioner, that the impugned orders Annexures P.12 and P.15 are totally arbitrary and violative of Article 14 of the Constitution of India, inasmuch as before passing order Annexure P.12, no personal hearing was given to the petitioner vide impugned order. Therefore, order was hit by principles of natural justice. It was also the contention of the learned counsel for the petitioner, that the impugned order showed non-application of mind, as the case of the petitioner was a special case, as benefit of pay Scale of Rs.300- 600/- was wrongly denied to him, though he was entitled to it as per his qualification. The contention of the learned counsel for the petitioner was, that decision Annexure P.10, was taken keeping in view these facts. Therefore, there was no occasion to withdraw the benefit by giving strict CWP No. 5811 of 1998 7 interpretation to recommendations of Dr.Pradhan Committee, to hold that the petitioner was not entitled to the Personal Promotion Scheme for not completing 20 years service in the grade of Rs.300-600/-. The learned counsel for the respondent/University contended, that the petitioner accepted order dated 1.10.1977, without any protest. Therefore, the petitioner could not claim service rendered by him prior to his placement in the grade of Rs.300-600/-. The recommendation of Dr.Pradhan Committee was, that only service in the grade of Rs.300-600/- was to be taken into consideration, and not the service rendered in lower grade. It is also the contention of the learned counsel for the respondent/University that writ petition suffers from vice of delay and latches, as order Annexure P.12 was passed on 25.8.1995, whereas writ petition was filed in April, 1998, specially when Annexure P.15 which is the basis for filing the present writ petition, was not on the representation made by the petitioner with some other employees. Learned counsel for the respondents also contended that there can be no bar to correction of error, as by way of Annexure P.12 the error in Annexure P.10, stood corrected, as admittedly the petitioner was not in grader of Rs.300-600/- prior to 1.10.1977. On consideration, I find force in the contentions raised by the learned counsel for the petitioner. Once it is not disputed that as per the advertisement inviting application, for the post of Senior Library Assistant in pursuance to which the petitioner was appointed as Senior Library CWP No. 5811 of 1998 8 Assistant, the petitioner was entitled to grade of Rs.300-600/-. If for the fault of University, the petitioner was placed in the lower grade, and the mistake was accepted by the University, while placing him in the Pay Scale of Rs.300-600/-, the petitioner could not be denied the service rendered on lower grade for purposes of benefit under the Personal Promotion Scheme, as for all intents and purposes the petitioner was to be treated to have been appointed in the grade of Rs.300-600/-. The University took benefit of its own wrong in not releasing the pay scale of Rs.300-600/- from the date of initial appointment. The decision of the University, in placing the petitioner in the pay scale on Rs.250-550/- was an error apparent on the face of record. Learned counsel for the petitioner was also right in contending that the impugned orders Annexures P.12 and P.15 are totally arbitrary and violative of Article 14 of the Constitution of India, also violative of principles of natural justice, as admittedly no notice was issued to the petitioner before reviewing order Annexure P.10. The contention of the learned counsel for the respondents that only an error was corrected in Annexure P.10, cannot be accepted as Annexure P.10, was passed after due consideration of the representation filed by the petitioner, and taking note of the fact that grade of Rs.250- 550/- was wrongly granted to the petitioner, even though he was entitled to the grade of Rs.300-600/-. The University cannot be allowed to commit one mistake after another, i.e. firstly to deny the petitioner the grade to which he was entitled CWP No. 5811 of 1998 9 to right from his initial appointment, and thereafter not count the service rendered by the petitioner in the pay grade of Rs.250-550/- by literally interpreting the recommendation that service of 20 years was to be counted in the grade of Rs.300-600/-. The Scheme was made for the benefit of employees, therefore, to be interpreted liberally. There was no justification for the University to review the order passed vide Annexure P.10. Consequently, the writ petition is allowed. Impugned orders Annexures P.12 and P.15 are quashed, and writ in the nature of mandamus is issued to the respondent University to grant benefits under the 'Personal Promotion Scheme' to the petitioner by counting his service from the date of his initial appointment. Consequential relief arising from this order, be also granted to the petitioner within 3 months of the receipt of certified copy of this order. On failure of the University to grant consequential benefits, within the stipulated period of three months. The petitioner shall be entitled to interest at the rate of 9 per cent per annum, from the date the benefit became due till realization. No costs. 13.08.2010 (Vinod K.Sharma) rp Judge