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2024 DIGILAW 459 (UTT)

Harish Chandra Tiwari v. Union of India

2024-07-05

MANOJ KUMAR TIWARI, PANKAJ PUROHIT

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JUDGMENT : Manoj Kumar Tiwari, J. By means of this writ petition, petitioner has sought the following reliefs : (i) Issue a writ, order or direction in the nature of certiorari quash and set-aside the Government order no.921/ XLII-1/2018-06(05)2010 so far as it relates to depriving the petitioner for grant of pay scale of Rs.37400-67000, AGP 9000/- from the date of appointment/joining of the petitioner i.e. 15.09.2016 to the post of Associate Professor (Sahitya) in the respondent university. (ii) Issue a writ, order or direction appropriate in the nature by calling the entire record of Government Order No.226/XLII-1/2020-06(05) 2010 Sanskrit Shiksha Anubhag Dehradun dated 30.06.2020, so far as it relates to the petitioner and declare the same to be arbitrary, unreasonable and nonest in the eyes of law. (iii) Issue a writ, order or direction in the nature of certiorari quashing the office memorandum dated 02.12.2020 issued by respondent No.7 (contained as annexure no.19 to the writ petition) (iv) Issue a writ, order or direction in the nature of mandamus directing the respondents authority to grant/accord the Pay Scale of Rs.37400-67000 with AGP Rs.9,000/- to the petitioner on the post of Associate Professor (Sahitya) in the respondent university from the date his joining/appointment i.e.15.09.2016. (v) Issue a writ, order or direction in the nature of mandamus directing the respondents authorities to pay the difference of salary of pay scale with prevailing interest thereon from the date of appointment till such period the petitioner has actually been granted the pay scale of Rs.37400-67000 with AGP Rs.9,000/- to the post of Associate Professor (Sahitya) by the respondent authorities. 2. Petitioner responded to an advertisement dated 22.04.2015 issued by the Uttarakhand Sanskrit University by submitting application for the post of Associate Professor. Petitioner was selected and appointed as Associate Professor, vide order dated 29.08.2016. 3. According to the petitioner, in advertisement the pay-scale for the post of Associate Professor was mentioned as Rs.37400-67000 – AGP Rs.8000/-, however he was appointed in a lower pay scale i.e. Rs.15600-39100-AGP Rs.8,000/-. This, according to petitioner, is unjust and illegal and he is entitled to the pay-scale as was mentioned in the advertisement. 4. In Para 15 of the writ petition, the following averment has been made : “15. This, according to petitioner, is unjust and illegal and he is entitled to the pay-scale as was mentioned in the advertisement. 4. In Para 15 of the writ petition, the following averment has been made : “15. That though in the advertisement dated 22.04.2015 the pay scale of Associate Professor has been mentioned Rs.37400-Rs.67000 (AGP Rs.8000) whereas at the time issuing of the appointment letter to the petitioner the pay scale as mentioned in the advertisement entirely changed and in paragraph no.2 of the appointment letter/ order the pay scale of the Associate Professor (direct) has been mentioned Rs.15,600-Rs.39,100 + Grade Pay Rs.8000, this shows the lack administrative function at the hands of respondents authority which is also dehorse the guideline issued by the Ministry of Human Resource Department of Government of India on 31-12-2008.” 5. Mr. Girish Kumar Awasthi, Registrar Uttarakhand Sanskrit University has filed counter affidavit on behalf of respondent Nos.6 & 7. Para 6 of the said counter affidavit is reproduced below : “Para 6. It is stated here that the post of Associate Professor against which Dr. Harish Chandra Tiwari was appointed, was sanctioned by the government of Uttarakhand, Sanskrit Shiksha Anubhag Dehradun vide order no.S.Shi.158(XX4IV-4/2011-6(5)-2010 Dated 27 June, 2011. The scale of Associate Professor is mentioned in the said GO dated 27 June, 2011 is Rs.15600-39100 in AGP 8000. It is relevant to mention here that in the advertisement number 01/2015 dated 22-04-2015, the scale of Associate Professor was mentioned Rs.37400-67000 with AGP 8000 (pay band was wrongly typed in the advertisement however the grade pay is right), which is actually Rs.15600-39100 with AGP 8000 in terms of Government of Uttarakhand GO No.158/ XXIV-4/2011-6(5)-2010, Sanskrit Siksha, Anubhag-4 Dehradun Dated 27 June 2011. In the appointment letter of the petitioner, it is clearly mentioned that the pay scale of the said post is Rs.37400-67000 with AGP 8000. It is relevant to mention here that in the general instructions of the advertisement 01/2015 dated 22-04-2015 at point no.24, it is clearly indicated that the University is competent to change the service conditions/rules at any stage. It is relevant to mention here that in the general instructions of the advertisement 01/2015 dated 22-04-2015 at point no.24, it is clearly indicated that the University is competent to change the service conditions/rules at any stage. In the offer of appointment, which was issued in terms of Government of Uttarakhand GO No.158/XXIV-4/2011-6(5)-2010, Sanskrit Siksha, Anubhag-4 Dehradun Dated 27 June 2011, at point no.5, it is clearly reflected that the services of the candidate will be governed by the Uttarakhand Sanskrit University Act, 2005 and the University regulations which will be published in future and will also be governed by the GO issued by the Government of Uttarakhand from time to time. The petitioner was fully aware before joining the University.” 6. Government Order dated 27.06.2011 has been enclosed as Annexure No.CA-1 to the counter affidavit. By the said Government Order, various teaching and non-teaching posts were created for Uttarakhand Sanskrit University. The post of Associate Professor was created in the pay scale of Rs.15600-39100-G.P. Rs.8000/-, while post of Professor was created in the pay scale of Rs.37400-67000-G.P. Rs.10,000/-. 7. Learned counsel for the University submits that due to mistake, Pay-Band of Rs.37400-67000, which is payable for the post of Professor, was wrongly mentioned against the post of Associate Professor in the advertisement and this mistake was corrected while offering appointment to the petitioner and he readily accepted the appointment without protest. He points out that Grade Pay of Rs.8000/- which is payable to Associate Professor was correctly mentioned in the advertisement. 8. He further submits that petitioner cannot be given Pay-Band of Rs.37400-67000, as grant of said pay-band to petitioner, will cause heart burning and disparity in the University and all other Associate Professors, who are getting Pay Band of Rs.15600-39100, will also claim same Pay Band admissible to Professor. 9. Learned counsel for the University also submits that in the year 2018, pay scale for the post of Associate Professor was revised to Rs.37400-67000-G.P. Rs.9000/- and benefit of the said pay-revision was given to the petitioner. 10. This Court finds substance in the submission made by learned counsel for the University. Petitioner cannot capitalize on a mistake which crept in the advertisement. Pay-scales are determined by the State Government while creating posts. Vide Government Order dated 27.06.2011, post of Associate Professor was created in the scale of 15600-39100-G.P. Rs.8000/-, which was granted to the petitioner upon his appointment. Petitioner cannot capitalize on a mistake which crept in the advertisement. Pay-scales are determined by the State Government while creating posts. Vide Government Order dated 27.06.2011, post of Associate Professor was created in the scale of 15600-39100-G.P. Rs.8000/-, which was granted to the petitioner upon his appointment. Petitioner’s claim for Pay Band of Rs.37400-67000, from the date of his appointment, is without any basis. 11. Thus, there is no scope for interference in the matter. Accordingly, writ petition fails and dismissed. 12. No order as to costs. 13. Pending applications, if any, stand disposed of.