Civil Writ Petition No. 7180 of 2006 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.7180 of 2006 Date of decision: 23.02.2011 S.P. Arora ....Petitioner VERSUS The Vice Chancellor, Kurukshetra University& others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH Present: Mr. H.N. Khanduja, Advocate, for the petitioner. Dr. Balram Gupta, Senior Advocate with Ms. Anamika Negi, Advocate, for respondent Nos.1 & 2. Mr. S.S. Patter, DAG, Haryana, for respondent Nos.3 & 4. **** RANJIT SINGH, J. This order will dispose of writ petition bearing Nos.7180 of 2006, 13896 of 2007 and 1329 of 2009. The facts have been taken from CWP No.7180 of 2006. The petitioner had joined the services of the University as Junior Clerk on 30.8.1962. During the course of his service, he was promoted as Assistant Registrar in the year 1999 and had retired as Deputy Registrar on 31.8.2005. He has approached this Court with the grievance that the posts of Assistant Registrar and Deputy Registrar of the University were equated with the posts of Under Secretary and Deputy Secretary respectively posted in the Haryana Civil Writ Petition No. 7180 of 2006 -2- Civil Secretariat. On this basis, the respondent-University passed a resolution on 29.12.1989 equating the said posts. The Haryana Government, thereafter, adopted the new pay-scale policy for its employees w.e.f. 1.1.1996. The Financial Commissioner and Secretary to Govt. Finance Department Haryana, accordingly, allowed the Universities in Haryana to adopt new pay scales. The Assistant Registrars working in the Universities in Haryana were given the pay scale of Rs.10000-13900+ special pay of Rs.400/- per month. Deputy Registrars were placed in the scale of Rs.12000- 16500 + special pay of Rs.400/- per month. The respondent- Kurukshetra University had also allowed and granted the scales on 17.2.1999. On 8.12.2000, Financial Commissioner and Secretary to Govt. of Haryana Education Department issued an another letter releasing the arrears etc. This related to the teaching staff only. Though the Assistant Registrar and Deputy Registrar have been equated with the Under Secretary and the Deputy Secretary but they were given a different scale w.e.f 8.5.2003 and they were fixed in the pay scale of Rs.8000-13500/- instead of Rs.10000-13900/- without any special pay. The Registrar of the University sent a letter keeping in view resolution dated 16.11.2004 requesting the Government to grant approval for grant of scale of Rs. 10000-13900 + special pay of Rs.400/- to the Assistant Registrar and scale of Rs.12000-16500+ special pay of Rs.400/- to the Deputy Registrar. Vice Chancellor also wrote a D.O. letter to the Finance Commissioner. The petitioner also Civil Writ Petition No. 7180 of 2006 -3- served a legal notice. But the action to re-fix the pay has not been taken and rather recovery has been ordered to be effected from the petitioner. The submission is that having equated the pay scale with Under Secretary and Deputy Secretary, the Government is not justified in giving different pay scale leading to recovery from the pension of the petitioner. The State counsel, however, has tried to justify this action on the ground that the scales of Assistant Registrar and Deputy Registrar have been fixed as per the UGC norms. Time was given to the State counsel to have instruction, if the State would grant the pay scale by equating the petitioner, who was Assistant Registrar and then promoted as Deputy Registrar with Under Secretary and the Deputy Secretary respectively. The State counsel has expressed inability to do so as it would be in violation of the UGC guidelines/norms. The counsel for parties have been heard. It is pointed out that the pay scale earlier granted has been withdrawn without issuing any show cause notice or without affording any opportunity of hearing to the petitioner. There is, thus, a clear cause of violation of principle of natural justice. The respondents have also not considered whether by re-fixing the pay they would be entitled to recover the amount when there is no misrepresentation on the part of the petitioner. The impugned order thus, cannot be sustained. Let the matter be re-examined in the light of fact that earlier the pay scale of the petitioner was equated with under Secretary, which has been withdrawn. It is for the Government to see whether any Civil Writ Petition No. 7180 of 2006 -4- decision of the UGC would be binding on the government once it had earlier taken a decision to equate the Assistant Registrar and Deputy Registrar with Under Secretary and Deputy Secretary. The Government would also consider whether it is possible to effect recovery from the pension of the petitioner. In the meantime, the respondents are also directed to refund the amount to the petitioner, which has been recovered so far as the same is not justified. This however, would not stand in the way of the respondents to pass any appropriate order in accordance with law. The writ petitions are, accordingly, disposed of. February 23, 2011 (RANJIT SINGH ) monika JUDGE