Punjab-Haryana High Court
Prem Singh Mangat vs State Of Punjab And Others on 30 July, 2010
Author: Surya Kant
Bench: Surya Kant
CWP No.19944 of 2009.doc -1-
HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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CWP No.19944 of 2009 (O&M)
Date of Decision: 30.07.2010
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Prem Singh Mangat . . . . Petitioner
VS.
State of Punjab and others . . . . . Respondent
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CORAM : HON'BLE MR.JUSTICE SURYA KANT
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1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
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Present: Mr. GP Singh, Advocate for the petitioner(s)
Mr. H.S. Brar, Addl. AG Punjab
Mr. TPS Tung, Advocate for respondents No.3 &4
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SURYA KANT J. (ORAL)
(1). This order shall dispose of CWPs No. 12943, 19944, 19955, 19959, 20257 & 20200 of 2009; 13287, 13290, 13298, 13392, 13401, 13405, 13420, 13437 & 13439 of 2010 as common issues are involved in these cases. In view of the fact that the relief has been mainly sought against the State of Punjab and its authorities only, there is no necessity to issue notice to the other respondents which is accordingly dispensed with, moreso when the issues involved are no longer res CWP No.19944 of 2009.doc -2- integra. For brevity the facts are being extracted from CWP No.19944 of 2009.
(2). The petitioner was a Lecturer in Physical Education with respondent No.3 - College and he served as such till retirement w.e.f. 14th June 2007. The respondent No.3-College is a Government-Aided Privately-Managed College and receives 95% Grant-in-Aid from the State of Punjab. The post held by the petitioner while in service was also duly sanctioned under the Grant- in-Aid Scheme. It is not in dispute that on acceptance of the recommendations made by the University Grants Commission as approved by the Ministry of Human Resources and Development, Government of India, the State of Punjab revised the pay-scales of College/University Teachers w.e.f. 01.01.1996 vide Govt. Notifications dated 12.03.1999 and 24.03.1999. The petitioner was also granted the revised pay-scale in terms of the aforesaid Notifications but consequential arrears of revised pay-scale, DA, CPF, House Rent Allowance and Medical Allowance etc. were not paid to him due to non-release of the Grant-in-Aid even though 80% of such arrears were to be paid by the Government of India/State of Punjab. He CWP No.19944 of 2009.doc -3- has accordingly approached this Court seeking a direction to the State of Punjab and its authorities to release and grant him the consequential arrears, as noticed above.
(3). The respondents No.3 &4, namely, the College and the Management have filed their reply/affidavit broadly admitting the facts noticed above and have maintained that due to non-release of 95% Grant-in-Aid by the State Government that the payments could not be made to the petitioner. (4). I have heard learned counsel for the parties at some length and perused the records.
(5). In my considered view, once the State Government has taken a conscious decision to grant revised pay-scales to the College teachers like the petitioner(s) w.e.f. 01.01.1996, the consequential benefits flowing therefrom deserve to be granted to them unless there is some lawful embargo. It is an admitted fact that the Lecturers working in the Government Colleges have already been granted such arrears. The Teachers serving in the Government-Aided Privately-Managed Colleges are, thus, entitled to claim parity for payment of the subject arrears in view of the Government Notification cited above. Otherwise also, the CWP No.19944 of 2009.doc -4- controversy is no longer res integra as this Court has already issued somewhat similar directions in various cases including vide order dated 02.04.2008 passed in CWP No.15532 of 2007 (Dr. Poonam Kumar Sharma and others vs. The State of Punjab and others) (Annexure P4). (6). For the afore-stated reasons and those cited in Dr. Poonam Kumar Sharma's case (supra), the writ petition is allowed and the State of Punjab is directed to release 95% Grant-in-Aid as per the Scheme, including towards the arrears referred to above to the respondent-College within a period of four months from the date of receipt of a certified copy of this order. The College shall disburse the arrears to the petitioner along with 5% share to be contributed by it as soon as the Grant-in-Aid is received. The needful shall be done within a period of six months from the date of receipt of a certified copy of this order.
(7). Ordered accordingly.
(8). Dasti.
(SURYA KANT)
JUDGE
30.07.2010
vishal shonkar