MANAGING COMMITTEE OF GURU TEG BAHADUR KHALSA COLLEGE Vs. DIRECTOR, PUBLIC INSTRUCTIONS (COLLEGES), PUNJAB, CHANDIGARH AND OTHERS

JUDGEMENT

(1.) The petitioner Managing Committee of Sri Guru Teg Bahadur Khalsa College, Anandpur Sahib seeks quashing of the order dated 29.8.2005 (Annexure-P.1) passed by the Director, Public Instructions (Colleges), Punjab ('DPI (Colleges)' - for short) (respondent No. 1) and the order dated 8.8.2006 (Annexure-P.2) passed by the Presiding Officer, State Colleges Tribunal, Punjab ('Tribunal' - for short) (respondent No. 2).

(2.) Jaswant Singh (respondent No. 3) joined as Clerk in Sri Guru Teg Bahadur Khalsa College, Anandpur Sahib on 1.9.1972. He was promoted as Senior Clerk on 1.4.1988. The respondent No. 3 and another employee, namely, Karnail Singh, Clerk started absenting themselves from duty on Saturdays on the assumption that every Saturday is a holiday. In fact, Saturdays were not gazetted holidays. The Punjabi University Calendar even did not provide for Saturday being a holiday in the institutions being run by private managements. The petitioner management alleged that despite Saturday not being a gazetted holiday, the respondent No. 3 absented himself for 23 Saturdays during the period from 28.10.1989 to 26.12.1992 on the assumption that Saturday is a gazetted holiday. Accordingly, pay for 23 days was deducted on the principle of 'no work no pay'.

(3.) Respondent No. 3 thereafter claimed master pay scale with effect from 1.1.1993 with the benefit of one additional increment in terms of DPI (Colleges), Punjab memo dated 2.3.1995 and revised pay scale from 1.1.1996 in terms of DPI (Colleges), Punjab letter dated 17.5.1999. These were declined by the petitioner Managing Committee. Rather, respondent No. 3 was charged in respect of the following allegations :-