DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners are Lecturers in the scale of Rs. 3000-5000. They claim that they are entitled to be placed in the scale of Rs. 3700-5700 with effect from the dates on which they completed a total service of 16 years. The respondent- State of Punjab contends this claim on the ground that their service prior to June 1, 1974 cannot be taken into consideration as they were serving in Shri Guru Arjan Dev College, Tarn Taran, which was a private College. According to the respondents this college was taken over on June 1, 1974. It is averred that the petitioners are entitled to the grant of selection grade only with effect from June 2, 1990 when they completed 16 years of service after the college had been taken over.

(2.) The short question that arises for consideration is - can the service in the private college be totally excluded from consideration?

(3.) The instructions for the grant of this grade were issued in pursuance to the recommendations of the University Grants Commission. The pay scales of the Lecturers were revised with effect from January 1, 1986. Three scales were prescribed - viz Rs. 2200-4000, Rs. 3000-5000 and Rs. 3700-5700. The scale of Rs.3700-5700 was to be given to a person who had either completed 8 years of service in the scale of Rs. 3000-5000 or had rendered a total service of not less than 16 years as a Lecturer. It has not been provided that the service of 16 years has to be rendered only in a Govt. College, and that, even if a private College has to be taken over by the Govt., the past service has to be completely effaced. In fact, even a perusal of the letter dated April 12, 1974 which was issued by the Govt. at the time of taking over of the Guru Arjan Dev College, Taran Taran provided that the pay of the Lecturers "in the Govt. scales will be fixed on the basis of length of service in equivalent/identical or higher time scales." A copy of this letter has been produced as Annexure R-1 with the written statement. It obviously implies that for the purposes of fixation of pay in the scales of lecturers, the past service rendered by them is to be counted. If the pat service has to be taken into consideration at the time of fixation of pay at the time of taking over of the college by the Govt., it cannot be excluded from consideration at the time of the grant of higher scale of pay. In any case, no order or rule has been pointed out to show that such service has to be exclude.