-1- Civil Writ Petition No.20283 of 2005. IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... Date of Decision: April 28,2008. Anil Kumar Dahiya ... Petitioner VERSUS Union of India and others ... Respondents CORAM : HON'BLE MR.JUSTICE HEMANT GUPTA. HON'BLE MR.JUSTICE MOHINDER PAL. 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.Anurag Goyal, Advocate, for the petitioner. Mr.S.K. Sharma, Advocate, for respondents Nos. 1 and 5. Mr.Ajay Gupta, Senior Deputy Advocate General, Haryana, for respondent No.2. Mr. A.S. Virk, Advocate, for respondents Nos.3 and 4. -.- MOHINDER PAL, J. The petitioner, who is possessing academic qualification of M.Tech, initially worked as a Lecturer in Electrical Engineering in Maharishi Markandeshwar Engineering College, -2- Civil Writ Petition No.20283 of 2005. Mullana, District Ambala from August 10, 1999 to September 08, 2001. Thereafter, he was selected as a Lecturer in Electrical Engineering in the Regional Engineering College, Kurukshetra and joined there pursuant to appointment letter dated September 07, 2001 (Annexure P-2). The Regional Engineering College, Kurukshetra, was thereafter converted into a Deemed University and called the National Institute of Technology, which is an instrumentality of the Government of India. The Technical Education Department, Haryana, issued a Scheme known as “Career Advancement Scheme” (Annexed with letter dated January 30, 2004 Annexure P-3), which was made applicable with effect from July 27, 1998. As per this Scheme, incentives and different scales of pay were given to the teachers so as to avoid stagnation. According to this Scheme, the minimum length of service for eligibility to move into the grade of Lecturer (Senior Scale) is four years for those who are Ph.D, five years for those who are M.Phil/MK.E/M.Tech and six years for other Lecturers. The petitioner being eligible applied for the same, but was not called for interview on the ground that that his service in the earlier institution i.e Maharishi Markandeshwar Engineering College, Mullana, could not be counted. It is the case of the petitioner that Clause 9 of the Scheme itself provides that the previous service without any break as a Lecturer or equivalent is countable towards grant of senior scale. He further relies on letter dated November 27, -3- Civil Writ Petition No.20283 of 2005. 1990 (Annexure P-5) issued by the University Grants Commission, whereby it was clearly mentioned that the previous service without any break as a Lecturer or equivalent in the University would be countable for the purpose. When the petitioner was not called for interview in response to his application (Annexure P-4), he filed the present writ petition. On December 23, 2005, the following order was passed by this Court:- “ Learned counsel for the petitioner has invited our attention to the communication dated November 27, 1990 issued by the University Grants Commission incorporating the revised guidelines which, inter alia, provide that no distinction should be made with reference to the nature of management of the institution where previous service was rendered (private/local body/government) if the criteria prescribed is satisfied. On the basis of the aforesaid guidelines, learned counsel for the petitioner states that the service rendered by the petitioner at Maharishi Markandeshwar Engineering College, Mullana, should be clubbed with the service rendered by the -4- Civil Writ Petition No.20283 of 2005. petitioner at National Institute of Technology, Kurukshestra. Notice of motion for 7.2.2006. The respondents are directed to provisionally interview the petitioner by treating the petitioner eligible for consideration, namely, by accepting that the petitioner fulfils the prescribed number of years of service for entitlement to career advancement. The result of the petitioner shall, however, be retained in a sealed cover. The same shall only be opened only upon the receipt of an express direction of this Court. It is also clarified that no equitable right will be vested in the petitioner merely on account of the fact that the petitioner has been allowed to participate in the interview provisionally.” Mr.R.P.S. Lohchab, Registrar, National Institute of Technology ( A Deemed University), Kurukshetra, in his affidavit dated February 29, 2008, has stated that the petitioner has been placed in Senior Scale under the Career Advancement Scheme on the basis of recommendation made by the Selection Committee in its meeting dated December 04, 2007 on the approval of the same by Board of Governors in its meeting held on January 24, 2008. A copy of the office order in this regard has -5- Civil Writ Petition No.20283 of 2005. been placed on record as Annexure R-3/16. A perusal of this order (Annexure R-3/16) reveals that the actual monetary benefits on account of the placement of the petitioner in the Selection Grade have been granted from January 24, 2008. In this affidavit, it has also been stated that Ms. Jyoti Ohri joined as Lecturer in the Electrical Engineering Department of the Institute on September 30, 1994. She was granted Senior Scale after five years of service i.e on September 30, 1999. Thereafter, her two years' service rendered as a Lecturer in R.E.C, Jalandhar, and her past service rendered in C.R.S.C.E, Murthal, from March 19, 1993 to April 29, 1994 was also counted. She was granted Selection Grade with effect from October 09, 1998 instead of September 30, 1989. It has further been stated in the affidavit that Ms. Jyoti was given the benefit of past service after getting clarification from the University Grants Commission in this regard after the filing of this writ petition. In the written statement dated May 05, 2006, filed on behalf of the National Institute of Technology (A Deemed University), it has been pleaded that the petitioner is not eligible for being considered for grant of grade of Lecturer (Senior Scale) as he has not yet completed five years as a Lecturer since he was appointed as such vide appointment letter dated September 07, 2001. The above facts disclose that the matter in issue is clinched by the affidavit dated February 29, 2008, filed by -6- Civil Writ Petition No.20283 of 2005. Mr.R.P.S. Lohchab, Registrar, National Institute of Technology ( A Deemed University), Kurukshetra, who has stated that a similarly situated Lecturer, namely, Ms. Jyoti Ohri, has been granted the Selection Grade after counting her past service rendered as a Lecturer in R.E.C, Jalandhar, and C.R.S.C.E, Murthal. She has been given this benefit after a clarification was sought from the University Grants Commission in this regard after the filing of this writ petition. Thus, the grounds taken by the petitioner in this writ petition stand vindicated by the University Grants Commission. Otherwise also, Clause 9 of the Scheme incorporates that the previous service without any break as a Lecturer or equivalent is countable towards grant of senior scale. The letter dated November 27, 1990 (Annexure P- 5) issued by the University Grants Commission also mentions that the previous service without any break as a Lecturer or equivalent in the University would be countable for the purpose. For the aforesaid reasons, this writ petition is allowed. The petitioner is held entitled to the counting of his service rendered as a Lecturer in the Maharishi Markandeshwar Engineering College, Mullana, from August 10, 1999 to September 08, 2001. He will be entitled to the Selection Grade from the date he completes five years as a Lecturer by counting his service rendered in Maharishi Markandeshwar Engineering College, Mullana, instead of January 24, 2008 granted as per order Annexure R-3/16. The National Institute of Technology (respondent No.3) is directed to declare the result -7- Civil Writ Petition No.20283 of 2005. of the interview of the petitioner for the post of Selection Grade which was held provisionally under the orders of this Court dated December 23, 2005. ( HEMANT GUPTA ) ( MOHINDER PAL ) JUDGE JUDGE April 28, 2008. ak