G S NAGI Vs. PANJABI UNIVERSITY, PATIALA

JUDGEMENT

(1.) Resolution (Annexure P-12) dated 26.2.1993 passed by the Syndicate of the Panjabi University stopping the payment of special allowance of Rs. 80/- per month to the Senior Desk Assistants on the basis of the Punjab Government letter No. 8/32/92-S-1/4248 dated 31.8.1992, has been assailed in this writ petition filed by the 66 employees of the University who are. holding the posts of Senior Desk Assistants.

(2.) Punjab University is a creature of the Punjabi University Act, 1961. It is a statutory autonomous body and falls within the definition of 'State' under Article 12 of the Constitution of India. The University came into existence in the year 1962. Pay scale of the Assistants/Stenographers was Rs. 250-425 at that time. Pay scale of the Assistants working in the Secretariat was revised to Rs. 225-500 in the year 1970 and the (sic) of the University adopted a resolution granting that pay scale to the Assistants working employees due to reduction in the pay and ultimately the University decided to protect the emoluments payable to the employees. Subsequent benefits of the revision of pay scale given to the employees of the Punjab Civil Secretariat was also accorded to the employees of the University on the basis of Resolution independently passed by the Syndicate of the University. On the recommendations of the Pay Commission, the pay scale of Assistants was revised to Rs. 1800-3200 and the University also adopted this revised pay-scale. On 25.4.1991, the Government of Punjab decided to redesignate the Assistants/Senior Assistants as Senior Desk Assistants and also decided to give special allowance to its employees @ Rs.80/- per month. This benefit was subsequently extended to the Senior Assistants working in the Administrative Departments, Punjab Vidhan Sabha, Secretariat, Punjab Raj Bhawan and Punjab Public Service Commission w.e.f. 1.3.1992, but at the same time the Government directed that the benefit of special allowance shall not be given to the employees of the University. Notwithstanding the Government directive, the Syndicate of the University decided to given the benefit of special allowance of Rs. 80/- per month to its employees. This decision of the University was not looked upon favourably by the Government and it exerted pressure on the University to rescind the resolution granting the benefit of Special allowance of Rs. 80/- per month to its Senior Desk Assistants. To this effect letter (Annexure P-11) dated 31.8.1992 was addressed by the Joint Secretary, Education-II, to the Registrar, Punjabi University, Patiala, Registrar, Guru Nanak Dev University, Amritsar and the Registrar, Panjab University, Chandigarh. The Syndicate of the University followed the suit by passing Resolution (Annexure P-12) and stopped the special allowance which was being paid to the Senior Desk Assistants of the University. The petitioners have assailed this decision of the Syndicate of the University on the ground of abdication of power and discrimination. The respondent-University has defended its action by making reference to Section 21 of the Punjabi University Act, 1961. According to the respondent, the Government has a right to audit the account of the University and the Audit Cell constituted by the Government in the University not only controls the pre-audit of the accounts but also objects to any unauthorized payment made in derogation of the directions/instructions issued by the Government and the Syndicate as well as the Financial Department of the University approved the instructions issued by the Government to withdraw the special allowance of Rs. 80/- per month payable to the petitioners and in view of the Resolution (Annexure P-12) the petitioners have no right to get the allowance of Rs. 80/- per month on the ground of alleged parity in the pay- scales of the employees of the University on the one hand and those employed in the Punjab Civil Secretariat, Punjab Vidhan Sabha, Punjab Public Service Commission, Punjab Raj Bhawan etc. on the other hand where the post of Senior Desk Assistant has been abolished and now the posts are known as Senior Assistants.

(3.) It is not necessary for me to make a detailed examination of the issue raised in the writ petition because I find that the matter is squarely covered by a decision of the Division Bench in Civil Writ Petition No. 16275 of 1994 (Sardari Lal and others vs. State of Punjab and others) decided on 30.11.1995. In that case, the High Court has examined the powers of the State Government to restrain the University from releasing the accelerated increments granted by it to the employees. The Division Bench considered die rival contentions in the light of the provisions contained in Sections 14(5), 19, 23 and 25, and Statute 41 framed by the University and held:-