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Ritu Bahri, J. (oral) Petitioner is seeking a writ of certiorari for quashing the order/memo dated 01.12.2017 (Annexure P-11), whereby benefit of grant of Selection Grade has been denied to the petitioner keeping in view that he is facing departmental proceedings under Rule 7 of the Haryana Civil Services (Punishment and Appeal) Rules. He is seeking further direction to the respondents to grant him the Selection Grade of Rs.12000-18300, which fell due to the petitioner on his entitled on 27.07.1998 (cut off date) as per Govt. notification dated 08.12.2000 (Annexure P-1).

Upon notice, written statement on behalf of the respondents have been filed, wherein it has been stated that petitioner's case for award of selection grade was sent by the Principal, Dronacharya Govt. College, Gurugram on 25.10.2012. During investigation, it was found that the petitioner was charge-sheeted under Rule 7 of the Haryana Civil Service (Punishment and Appeal) Rules, 1987 vide office order dated 19.08.2010/27.08.2010 (Annexure R-1). A screening committee was constituted for grant of selection grade to the Lecturers of the Govt. colleges 2 of 6 and meeting of the screening committee was held on 13.07.2018 (Annexure R-2). As per recommendation of the scrreening committee, matter of the petitioner was sent to the Chief Secretary, Govt. of Haryana, for his opinion. It was further stated that departmental proceedings against the petiitoner were still pending. As and when departmental proceedings would be concluded, the case of the petitioner would be referred to the office of the Chief Secretary to Govt. of Haryana.

After hearing learned counsel for the parties, present petition deserves to be allowed. At the outset, perusal of the charge sheet dated 19.08.2010 (Annexure R-1) shows that while he was posted as Lecturer in Commerce in Govt. College, Sector-9, Gurugram from 14.01.2006 to 07.01.2006, he indulged in private tuitions at his residence at Gurgaon. Apart from this, he sexually harassed one of his students Miss Preeti Bassa, while taking private tuition at his residence. An FIR No.981 dated 23.12.2005 was also got registered by the aggrieved parents. Along with the charge sheet, list of documents and witnesses was handed over to the petitioner. Petitioner is claiming the benefit of grant of Selection Grade as per clause (v) (a) of the notification dated 05.12.2001 (Annexure P-2). As per this notification, selectin grade can be given after completing 06/11 years of service as on 27.07.1998. The respondents are not disputing that the petitioner was appointed as Assistant Professor of Commerce on 18.06.1987 and he completed 11 years of service on 18.06.1998 i.e. much before 27.07.1998. Hence, he had a right to be given the benefit of senior scale/selection grade w.e.f. 18.06.1998 when he had completed 11 years of service. At that time i.e. in 1998, he was not facing any departmental proceedings nor any charge-sheet had been issued to him. Hence, the 3 of 6 charge sheet dated, which was issued on 19.08.2010 (Annexure R-1), cannot be made basis for taking the benefit of senior scale selection grade as per notification dated 05.12.2001 (Annexure P-2).

In view of the above discussion, the present petition is allowed and respondents are directed to grant selection grade of Rs.12000-18300 to 5 of 6 the petitioner w.e.f. 27.07.1998 i.e. the cut off date as per notification dated 08.12.2000 (Annexure P-1) along with all consequential benefits. This exercise be completed within a period of six months from the date of receipt of certified copy of this order and compliance report thereof, be sent to this Court.