HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.9100 of 2008 (O&M) Date of Decision: 27.10.2010 **** Anjana Chauhan . . . . Petitioner VS. Sant Longowal Institute of Engineer and Technology, Longowal, Sangrur & 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. Dinesh Kumar, Advocate for the petitioner Mr. Navin Mahajan, Advocate for respondents No.1&3 Mr. H.S. Brar, Addl. AG Punjab for respondent No.2 ***** SURYA KANT J. (ORAL) (1). The petitioner seeks quashing of the order dated 22.11.2007 (Annexure P14) whereby respondent No.1-Institute has declined to release the arrears of revised pay on the plea that the petitioner’s appointment on deputation in respondent NO.1- Institute itself was irregular. (2). The petitioner is a Professor in Hindi in the Himachal Pradesh University at Simla. Her husband was appointed as Director of respondent No.1-Institute for a period of five years. The petitioner was also taken on deputation by the respondent-Institute against the post of Counsellor-cum-Chief Warden (Girls) vide CWP No.9100 of 2008.doc - 2 – order dated 15.07.1999 (Annexure P2) w.e.f. 01.08.1999. The petitioner admittedly served the respondent-Institute on deputation till she was repatriated vide order dated 23.07.2004 (Annexure P10). The petitioner relinquished the charge vide report dated 26.07.2004 (Annexure P11) and joined her parent University at Simla. (3). It is also not in dispute that much after the petitioner had joined the respondent-Institute in the unrevised pay-scale w.e.f. 2nd August, 1999, the pay-scales of the teaching faculty/employees of the respondent- Institute were revised retrospectively w.e.f. 01.01.1996. The petitioner also claims re-fixation of her pay in the revised pay-scale and consequential arrears for the period she remained on deputation with the first respondent. As noticed earlier, her claim has been turned down on the plea that as per the objection raised by the Accountant General (Audit), Punjab, the petitioner’s appointment in respondent-Institute was ‘irregular’. (4). Respondent-Institute has filed its reply/affidavit reiterating that the arrears of revised salary could not be paid to the petitioner due to the objection raised by the Audit Department against her appointment. CWP No.9100 of 2008.doc - 3 – (5). Having heard learned counsel for the parties and on perusal of the record, I am of the considered view that the writ petition must succeed. (6). There is no denial to the fact that the petitioner worked with the respondent-Institute on deputation from 02.08.1999 to 26.07.2004. The petitioner was taken on deputation with prior approval of her principal employer, namely, the Himachal Pradesh University and her appointment on deputation was preceded by all the procedural formalities including approval by the Board of Governors of respondent- Institute. She was also paid salary in the pre-revised pay scale meant for the post occupied by her. The respondents cannot now turn around and deny the arrears of revised pay to the petitioner on the pretext that the Audit Department has raised some objection against her appointment. No provision has been quoted or cited mandating the consent/approval of Audit Department for suck like appointment(s). The objection, if any, raised after the petitioner stood relieved from the deputational assignment cannot take away the benefit already accrued in her favour. (7). For the reasons afore-stated, the writ petition is allowed; the impugned order dated 22.11.2007 CWP No.9100 of 2008.doc - 4 – (Annexure P14) is hereby quashed and the respondents are directed to release the arrears of revised pay in favour of the petitioner for the period she worked on deputation along with interest @ 7% per annum within a period of three months from the date of receipt of a certified copy of this order. (8). Ordered accordingly. Dasti. 27.10.2010 vishal shonkar (SURYA KANT) JUDGE