ROMILA JAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The only issue raised in this writ petition relates to the entitlement of the petitioner to the benefit of senior scale (Rs.3,000- 4,500) in the cadre of Lecturers with effect from the date of completion of 8 years service.

(2.) Petitioner joined service as Lecturer in Commerce at D.N. College for Women, Faridabad, on 5.12.1983 after having been selected for appointment on that post. Later on, the petitioner was selected for appointment as Lecturer in Geeta Vidya Mandir Girls College, Sonepat. She worked in D.N. College for Women upto 30.11.1988 and with effect from 1.12.1988 she joined in Geeta Vidya Mandir Girls College, Sonepat. During the course of her service, the petitioner was awarded Ph.D. degree on 25.9.1989. Her request for counting the service rendered in D.N. College for Women, Faridabad, for fixation of her pay was accepted by the Director, Higher Education, Haryana, who conveyed his decision to the Principal of Geeta Vidya Mandir Girls College, Sonepat, vide letter dated 5.9.1991 for protection of the pay of the petitioner. The petitioner submitted representation (Annexure P-2) dated 26.11.1991 to the Director, Higher Education, Haryana, and claimed the benefits of senior scale in terms of the guidelines issued by the University Grants Commission. This was followed by a reminder dated 17.8.1993. Having received no response from the respondents, the petitioner hs filed this petition for issue of a writ of mandamus to the respondents to grant her senior scale with effect from the date of her acquiring the degree of Ph.D.

(3.) The writ petition has been opposed by the respondent Nos. and 2 on the ground that the Central Government hs declined to give financial assistance to the Government of Haryana to meet out the additional expenditure involved in the revision of pay scales of the lecturers in the event of counting of their total service for the purpose of grant of senior/selection grade. It has been stated that the Government of Haryana wrote letter dated 10.1.1992 to the Government of India to let it know whether the latter would meet 80 per cent expenses but the Government of India did not agree with the proposal. Thereafter the Government of Haryana considered the financial implications of the grant of benefit of senior and selection grade and decided that it was not possible for the State to bear the entire financial burden. Regarding the petitioner, it has been stated that her claim was rejected by the Government vide letter dated 17.3.1993 (Annexure R-II). It has been further pleaded by respondent Nos. 1 and 2 that the petitioner joined her service in Geeta Vidya Mandir Girls College, Sonepat, with effect from 1.12.1988 after resigning from D.N. College for Women, Faridabad and, therefore, she cannot claim that she has rendered 8 years continuous service as on 25.9.1989. By quoting extract from the circular issued by the University Grants Commission, the respondents have pleaded that only those Lecturers could claim benefit of senior scale, who have completed 8 years of continuous service after regular selection. The respondents have also pleaded that case of the petitioner could be considered only by a scrutiny committee in terms of circular (Annexure R-5) issued by the Government of Haryana and as the case of the petitioner was not so considered, the petitioner has no right to claim benefit of senior scale.