D.C. GARG Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner joined as a Lecturer in Vaish College, Rohtak on 1.8.1969. While he was working there he was selected as Lecturer in G.M.N. College, Ambala (for short the college) where he joined on 18.10.1973 and is continuing to work there. The Haryana Government considered the proposal of introducing the Merit Promotion Scheme of UGC for the Lecturers of private affiliated colleges in the State and decided to grant selection grade of Rs. 1200-1840 to the Lecturers on the terms and conditions mentioned in the letter dated 15.5.1987 from the Commissioner and Secretary to Government Haryana, Education Department to the Director of Higher Education. The number of selection grade posts in private college were 20% of the permanent posts in the college and the selection grade was to be granted on the basis of seniority and service record. In partial modification of the earlier letter dated 15.5.1987 the State Government sanctioned the grant of selection grade to the Lecturers working in private colleges who had 20 years regular service as, Lecturer in a college on 1.12.1985. It appears that the Merit Promotion Scheme was further modified and the selection grade was granted to Lecturers after 16 years of regular service on 1.12.1985. All other conditions and the mode of grant of selection grade remained the same as indicated in the letter dated 15.5.1987.

(2.) Petitioner claimed that he was entitled to the selection grade as he had the requisite years of service to his credit after counting the service rendered by him in Vaish College, Rohtak. The Screening Committee set up by the college recommended the case of the petitioner for the grant of selection grade and the Managing Committee of the College concurred with that recommendation. However, when the matter went to the State Government the selection grade was not sanctioned to the petitioner only on the ground that he did not have 16 years of regular service as a Lecturer in the college on 1.12.1985. The service rendered by him in Viash College, Rohtak was not counted. It was then that he filed the present petition under Article 226 of the Constitution for a direction to the respondents to count his service rendered in Vaish College towards the period of 16 years so as to entitle him to claim the selection grade.

(3.) In the written statement filed on behalf of respondents 1 and 2, it is pleaded that the petitioner did not fulfil the condition of 16 years regular service in the college on 1.12.1985 and therefore, he is not entitled to the selection grade.