PREM LATA THAPAR Vs. STATE OF H.P.

JUDGEMENT

(1.) PETITIONER was working as lecturer in a private college, known as National College, Amb in the year 1997, when the said college was taken over by the State of H.P., vide notification dated 27.6.1997, copy Annexure A -3. The notification, inter alia, said that services of the staff will be taken over by the government, in accordance with the Recruitment and Promotion Rules/ terms and conditions, laid down in notification No. Cha (15) -3/86 -Shiksha -Ka, dated 25th August, 1994.

(2.) PETITIONER , at the time of taking over of the college, was in the pay scale of Rs. 3700 -5700, and drawing salary of Rs.4, 450/ -. However, after taking over of the college and her services, Petitioner was placed in the time scale of the post of lecturer, i.e. Rs. 2200 -4000, though her basic pay at Rs. 4,450/ - was protected. Relevant order is Annexure A -6. Petitioner is aggrieved by this order. Her grievance is that she should have been placed in the higher pay scale, which she had been getting at the time of taking over of the college and also her services by the State of H.P.

(3.) PETITIONER placed on record copy of order, annexure A -11, per which, one of the lecturers, who had been placed in higher scale of Rs. 3000 -5000, had been granted pay in that higher scale of Rs. 3000 -5000, instead of time scale of Rs. 2200 -4000. Respondents were then required by this Court, vide order dated 26.11.2010, to file supplementary affidavit, indicating whether higher pay scales in respect of lectures of other private colleges had been protected at the time of taking over of such collages and the services of the staff by the State, or not. No. affidavit has been filed in response to this order, despite various opportunities having been granted. They were granted last opportunity vide order dated 17.3.2011, to comply with this order. Still, affidavit has not been filed. So, presumption is that the Respondents are not in a position to deny that in the case of lecturers of other private colleges, which have been taken over, higher scales, which are known as senior scales and selection scales, were and are being protected. Not only this, even in the case of one of the lecturers of the college, in question it self, namely Usha Rani, senior scale of Rs. 3000 -5000 has been protected, vide order, Annexure A -11.