Himachal Pradesh High Court
Meeta Sharma vs State Of H.P on 1 April, 2022
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 1st DAY OF APRIL, 2022
BEFORE
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ,
.
CHIEF JUSTICE
&
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
CIVIL WRIT PETITION No.1633 of 2022
Between:-
MEETA SHARMA
AGED ABOUT 51 YEARS,
W/O SH. DEEPAK LATH,
R/O HOUSE NO.6, PROFESSORS COLONY,
UNA, PRESENTLY POSTED AS
ASSISTANT PROFESSOR (ENGLISH),
GOVERNMENT COLLEGE, UNA, H.P.
......PETITIONER
(BY MR. RAJESH KUMAR, ADVOCATE)
AND
1. STATE OF H.P.
THROUGH PRINCIPALSECRETARY (EDUCATION)
TO THE GOVERNMENT OF HIMACHAL PRADESH
2. DIRECTOR OF HIGHER EDUCATION,
TO THE GOVERNMENT OF HIMACHAL PRADESH
......RESPONDENTS
(BY MR. VIKAS RATHORE, ADDITIONAL
ADVOCATE GENERAL)
This petition coming on for admission this day,
Hon'ble Mr. Justice Mohammad Rafiq, passed the following:
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-2-
ORDER
This writ petition has been filed by the petitioner-Meeta Sharma, who is working on the post of Assistant Professor (English) .
at Government College Una, Himachal Pradesh.
2. The grievance of the petitioner is that the respondents have awarded PB-III in the pay band of Rs.15600-39100+Rs.8000/-
Grade Pay to her w.e.f. 27.06.2017, whereas she was entitled to be granted such pay band and grade pay w.e.f. 23.06.2011.
Respondent No.2-The Director Higher Education, Himachal Pradesh has issued communication dated 29.10.2019 to all the Principals, whereby they were directed to supply the information regarding the number of Assistant Professors with full details, whose senior scale and selection grade were due on 06.06.2011 to 17.03.2022 and the same was not awarded due to non-fulfilment of Academic Performance Indicator (API) Score as per the UGC Regulations/Guidelines. Respondent No.2 on 24.11.2020, issued a notification, whereby on the recommendations of the DPC, the petitioner was awarded PB-IV with AGP Rs.9000/- in the pay band of Rs.37400-67000/-.
3. Now, the respondents vide order dated 23.07.2021, preponed the date of award of PB-III in favour of the petitioner from 23.06.2013 to 23.06.2011, on which date the petitioner actually ::: Downloaded on - 01/04/2022 20:12:06 :::CIS -3- became eligible for PB-III. The petitioner submitted representations to respondent No.2 on 29.07.2021 and 18.09.2021. The respondents assured the petitioner verbally that needful will be done .
and she will be awarded PB-IV from 23.06.2014. As per the information of the petitioner, her case was recommended favourably, but nothing was done. It is further submitted that the petitioner has waited for a considerable period of time, but the required rectification has not been done and the petitioner has not been granted her dues, despite similarly situated persons having been granted pay band from their due dates.
4. The grievance of the petitioner is that despite the rectification of mistake on 27.07.2021 by preponing the date of grant of PB-III to the petitioner w.e.f. 23.06.2011 instead of 23.06.2013, the respondents have not granted the arrears to the petitioner till date and further the respondents have not granted her the benefit of PB-IV even though other similarly situated incumbents have been granted the benefits of PB-IV w.e.f. 23.06.2014 on completion of their three years of service in PB-III.
5. Having regard to the limited submissions, we dispose of the present writ petition with a direction to respondent No.2 to consider and decide the representations of the petitioner, addressing the issues raised therein, either by granting her the ::: Downloaded on - 01/04/2022 20:12:06 :::CIS -4- benefit or passing a reasoned order within a period of six weeks from the date of submission of a copy of this order before him.
The writ petition stands disposed of in the above terms, .
so also the pending miscellaneous application(s), if any.
( Mohammad Rafiq )
Chief Justice
( Jyotsna Rewal Dua )
April 01, 2022 Judge
R.Atal/Mukesh
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