NASIB SINGH Vs. CHANDIGARH ADMINISTRATION

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking directions to respondents to grant him pay scale of Rs.3120.005160/- w.e.f. the date he passed matriculation examination.

(2.) The petitioner on 6/11/1971 joined as Laboratory Attendant (Class-D) in D.A.V. College, Sector 10, Chandigarh. The Punjab Government vide order dtd. 18/4/1983 re-designated all the Lab Attendants as Senior Lab Attendants. The petitioner passed matriculation exam in November' 2002. Chandigarh Administration adopted pay scale on Punjab pattern in favour of non-teaching employees working in privately managed Government aided colleges in U.T., Chandigarh. The pay scale of Punjab Government was adopted w.e.f. 1/1/1986. By order dtd. 3/6/1998, Chandigarh Administration adopted pay scale of Punjab Government w.e.f. 1/4/1991 in respect of teaching and non-teaching employees working in privately managed Government aided colleges in Chandigarh. Punjab Government vide order dtd. 11/5/1993 revised pay scale of Lab Attendants from the date of passing matriculation exam. The petitioner, claiming parity with Punjab Government employees, submitted representation to respondents to grant him pay scale of Rs.3120.005160/-. Principal of respondent No.3-college vide letter dtd. 31/3/2003 recommended and sent case of the petitioner to Director, Public Instructions (for short 'DPI') (Colleges), Chandigarh who vide letter dtd. 17/6/2003 intimated respondent No.3-college that matter is lying with Finance Department for adoption of letter dtd. 11/5/1993 issued by Punjab Government. DPI (Colleges), Chandigarh issued letter dtd. 31/3/1998 to Principals of all privately managed Government aided colleges that designation of Lab Attendants who are matriculate be changed to Senior Lab Attendants. It was further clarified that they shall not be entitled to higher grade on account of change of designation. The Director, Higher Education, Chandigarh Administration vide letter dtd. 5/7/2007 rejected petitioner's claim.

(3.) Learned counsel for the petitioner submits that petitioner was entitled to pay scale of Rs.3120.005160/- as per notification dtd. 11/5/1993 of Punjab Government. The pay scales payable to Punjab Government employees are applicable to employees of privately managed Government aided colleges in Chandigarh.