C.W.P.No. 3533 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No. 3533 of 2009 Decided on : 05-03-2009 Dr. Arun K. Lall ....Petitioner VERSUS Punjab Engineering College and others ....Respondents CORAM:-HON'BLE MR. JUSTICE AJAI LAMBA. Present:-Mr. N.P. Mittal, Advocate for the petitioner. AJAI LAMBA, J(Oral) This civil writ petition has been filed under Articles 226/227 of the Constitution of India, praying for issuance of writ in the nature of mandamus for issuing directions to respondent Nos. 1 & 2 i.e. Punjab Engineering College (Deemed University) and Registrar, Punjab Engineering College to implement order dated October 1, 2007 (Annexure P-12) issued by Home Secretary, Technical Education, Chandigarh Administration-respondent No.3 regarding fixation of the pay of the petitioner @ Rs.22400/- in the scale of 16400-22400 as Professor, Mechanical Engineering w.e.f. 29.3.2001. Considering the nature of the issue, the petition can be disposed of at this stage without issuance of notice of motion as the C.W.P.No. 3533 of 2009 -2- petitioner relies on the documents of the respondents. Learned counsel has drawn the attention of the Court towards Annexure P-7 to say that the Grievance Committee of the Engineering College had looked into the case of the petitioner and found justification in the petition for re-fixation of pay. Despite such being the facts, no decision has been taken. I have considered the issue. Annexure P-11, dated 31.08.2007, which is a letter issued by the Office of the Director, Punjab Engineering College, Chandigarh (Deemed University) to the Chairman/Vice Chairman Board of Grievance, Home Secretary, Chandigarh Administration. The contents of the letter read as under:- “Enclosed please find a representation form Prof. AK Lall addressed to the Administrator. Prof. A.K. Lall has a grievance against the initial fixation of his pay when he joined the college. The Grievance Committee has looked into it and finds that though there appears to be justification in his petition for re-fixation, but the college has no jurisdiction since the it was under the control of the Chandigarh Administration when Dr. A.K. Lall joined the Punjab Engineering College.” C.W.P.No. 3533 of 2009 -3- Annexure P-12 is a memo addressed by the Home Secretary with the following contents:- “A copy along with its enclosures is forwarded to the Director Punjab Engineering College, (Deemed University), Chandigarh for taking further necessary action in the matter at its own level.” It seems that the Engineering College is referring the matter for decision to the Chandigarh Administration, whereas the Chandigarh Administration is referring the matter back to the Engineering College. Considering the above, it is directed that Registrar, Punjab Engineering College, (Deemed University), Chandigarh would decide the case of the petitioner expeditiously and preferably within 4 months from the date of receipt of the copy of this order. It is made clear that in case the decision is not to be taken at the level of Punjab Engineering College, (Deemed University), Chandigarh, the same would be taken in consultation with the Chandigarh Administration. Disposed of with the above directions. 5th March, 2009. (Ajai Lamba) Monika Judge