SURINDER NATH GOYAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN this petition filed under Article 226 of the Constitution of India, the petitioner craves for issuance of a writ in the nature of mandamus directing the respondents to grant higher scale of pay to the Associate Professor, Post Graduate Department in comparison to the Professor of the Under Graduate College.

(2.) THE admitted facts may be noticed briefly for the adjudication of the controversy involved in the instant case. The petitioner worked as a Vaidya from 1961 till he was made to work as an Assistant Professor w.e.f. 15.41976 though in the pay scale of Vaidya. This arrangement continued till April 20, 1979 when he was readjusted against the post of an Associate Professor in the pay scale of a Vaidya and is still working on the said post. The pay scale of the post of an Associate Professor was given to the petitioner w.e.f. April 24, 1990, when he had completed more than 10 years of service including five years' teaching experience. He also acquired the additional qualification of Hindi equivalent to Shastri on August 13, 1990 for becoming an Associate Professor. What the petitioner craves is that he should be regularized w.e.f. August 13, 1990 when he had all the requisite qualifications for becoming an Associate Professor. Pursuant to directions issued by a Division Bench of this Court vide order dated October 23, 1997 in CWP No.12184 of 1997 preferred by the petitioner, vide office orders dated 23.2.1998 (Annexure P -9) passed by the State of Punjab and in consequence of approval accorded by the Punjab Public Service Commission, the Government promoted and regularized the services of the petitioner as Associate Professor w.e.f. 13.8.1990.

(3.) THE case of the respondents all through has been that the petitioner did not acquire the requisite qualifications essential for regularization of services of the petitioner as Associate Professor prior to 13.8.1990.