Principal, Himachal Dental College v. Union of India
2015-09-02
MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN
body2015
DigiLaw.ai
JUDGMENT : Mansoor Ahmad Mir, J. This Letters Patent Appeal is directed against the judgment and order, dated 01.05.2007, made by the learned Single Judge in CWP No. 1156 of 2002, titled as Pradip Singh versus U.O.I. and others, whereby the writ petition filed by the writ petitioner-respondent No. 5 herein came to be allowed (for short "the impugned judgment"). 2. The writ petitioner-respondent No. 5 herein invoked the jurisdiction of this Court by the medium of writ petition, being CWP No. 1156 of 2002, seeking direction to the appellants-writ respondents No. 5 and 6 to release the pay scale as was payable and admissible to the similarly situated persons with effect from July 1996, on the grounds taken in the memo of writ petition. 3. The writ petitioner-respondent No. 5 herein was appointed as Lecturer in the Himachal Dental College, Sunder Nagar in the year 1995 in terms of Annexure P1 to the writ petition, dated 12.04.1995. It is apt to reproduce relevant portion of Annexure P1 to the writ petition herein: "With reference to your application dated 4.3.95 for the post of Lecturer in this college. I write to offer you an appointment in the scale of 2200-50-2400-75-3000-100-4000 with basic pay @ Rs. 2,200/per month + usual Allowances, only as accepted by you at the time of interview on purely temporary basis or for one year as per Himachal Dental College rules. That you will be on probation for a period of 12 months during which period your services are liable to be terminated without any reason or notice. In the event your work is found satisfactory you will be made permanent on this job. In the matter of leave and general conditions of service, you will be governed by the rules of Himachal Dental College, Sundernagar. You will be allowed to attend conference etc. according to the Govt. rules. That you join duty immediately and submit your joining report in writing on that date." 4. Thereafter, revision of pay scales was made and pay scale of 2200-75-2800-100-4000 was revised to 8000-275-13500 in terms of Annexure P2 to the writ petition. It is apt to reproduce clause 1 of Annexure P2 to the writ petition herein: Sl. No. Category Existing scales of pay Revised scales of pay 1. University and College Teachers Lecturer 2200-75-2800-100-4000 8000-275-13500 5.
Thereafter, revision of pay scales was made and pay scale of 2200-75-2800-100-4000 was revised to 8000-275-13500 in terms of Annexure P2 to the writ petition. It is apt to reproduce clause 1 of Annexure P2 to the writ petition herein: Sl. No. Category Existing scales of pay Revised scales of pay 1. University and College Teachers Lecturer 2200-75-2800-100-4000 8000-275-13500 5. The writ petitioner-respondent No. 5 herein filed representation for releasing his salary as per the revised scales, was rejected, constraining him to file writ petition wherein he has given the details as to how he is entitled to the said relief. 6. The writ respondents failed to file reply, thus, the averments contained in the writ petition have remained unrebutted. 7. The appellants filed appeal, being LPA No. 27 of 2007, against the impugned judgment, which was dismissed as withdrawn with liberty to the appellants to seek appropriate remedy review petition, vide judgment and order, dated 26.03.2008. 8. Civil Review Petition, being C. Review No. 12 of 2008, was filed before the learned Single Judge, which was dismissed on 24.04.2009. 9. It is apt to record herein that the appellants have not questioned the order in terms of which the review petition came to be dismissed, but have only questioned, by the medium of the instant appeal, the impugned judgment, dated 01.05.2007. 10. The perusal of Annexure P1, reproduced hereinabove, does disclose that the Rules of Himachal Dental College, Sunder Nagar were applicable and the service conditions contained in those Rules were also applicable to the writ petitioner-respondent No. 5 herein. 11. As discussed hereinabove, the averments contained in the writ petition have remained unrebutted. Thus, in terms of the mandate of Order VIII of the Code of Civil Procedure (for short "CPC"), the writ petition was to be granted. However, the learned Single Judge examined the writ petition and granted the relief simply on the ground that after revision of pay scales, the writ petitioner-respondent No. 5 herein was entitled to the pay scale of 8000-13500 and accordingly, held the writ petitioner-respondent No. 5 herein entitled to the said pay scale with effect from 01.01.1996. 12. Having said so, the impugned judgment merits to be upheld and the appeal is to be dismissed. Accordingly, the impugned judgment is upheld and the appeal is dismissed. 13.
12. Having said so, the impugned judgment merits to be upheld and the appeal is to be dismissed. Accordingly, the impugned judgment is upheld and the appeal is dismissed. 13. The appellants hereinwrit respondents No. 5 and 6 are directed to pay the arrears with effect from 01.01.1996 till the date the writ petitioner-respondent No. 5 herein has left the service. 14. Pending applications, if any, are also disposed of.