M R CHAWLA Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) The petitioner has retired from the post of Administrative Officer from Shyam Lal College, Shahdara (respondent No. 2 herein). He has reached the age of superannuation of 60 years on 30.11.1998 but continued in service even thereafter till he was relieved from the college w.e.f. 16.11.1999. In terms of the Fifth Pay Commission, he was entitled to the pay scale of Rs.8,000-275-13,500, pay scale applicable to the post of Administrative Officer w.e.f. 01.01.1996.

(2.) The petitioner initially was appointed in respondent No. 2 college as Officiating Administrative Officer in addition to his own duties as Senior P.A. w.e.f. 01.09.1994 vide office order dated 01.09.1994 (Annexure P-4 at page 61 of the paper book). He was thereafter regularised on the post of Administrative Officer in the pre-revised pay scale of Rs. 2,200-4,000 w.e.f. 01.09.1994 vide office order of respondent No. 2 college dated 29.03.1996 (Annexure P-5 at page 62 of the paper book). However, the Delhi University (respondent No. 1 herein) vide its letter dated 24.04.1996 addressed to respondent No. 2 college did not agree with the proposal of the college for promoting the petitioner to the post of Administrative Officer on regular basis without conducting the written test from retrospective date (Annexure R-2 to the counter affidavit of respondent No. 1 at page 211 of the paper book). This letter of respondent No. 1 university stood superseded by its subsequent letter dated 29.01.1997 (Annexure P-11 at page 71 of the paper book), according to which, the period of appointment of the petitioner as Administrative Officer in respondent No. 2 college from 01.09.1994 to 21.05.1996 was ordered to be treated as ad-hoc period. Based upon that, the pay of the petitioner in the pre-revised pay scale of Administrative Officer was fixed at Rs.3,600/- per month w.e.f. 22.05.1996 in the pay scale of Rs.2,200-4,000 with benefit of next increment to be given to him on 08.08.1996/01.08.1996 and subsequent increments on 01st August of each year, if otherwise admissible to him, and this was done vide letter of respondent No. 1 university dated 21.02.1997 (Annexure P-12 at page 74 of the paper book). His pay was thereafter re-fixed in the revised pay scale of Rs.8,000-275-13,500 in terms of the recommendations of the Fifth Pay Commission at Rs.11,025/- w.e.f. 22.05.1996 vide letter of respondent No. 1 university dated 17/21.12.1998 (Annexure P-14 at page 79 of the paper book).

(3.) It appears that the Internal Audit Officer of the respondent No. 1 university had raised an objection to the fixation of pay of the petitioner at Rs.11,025/- w.e.f. 22.05.1996 and based upon that audit objection, the respondent No. 1 university vide its letter dated 17.05.2000 (Annexure P- 16 at page 81 of the paper book) withdrew its earlier three orders of fixation of pay of the petitioner done vide office orders dated 21/24.02.1997, 06/09.11.1998 & 17/21.12.1998 and consequent thereupon, his pay was re-fixed at Rs. 10,750/- w.e.f. 22.05.1996.