Point of Law: Recruitment and Promotion Rules - Promotion - Benefits of - A person, who performs duties of higher office, must get salary of same post. He cannot waive of his fundamental/legal right to get higher salary, even if an endorsement was made in office order that petitioner will not get monetary benefits. Petitioner is also entitled to get salary of post on well recognized principle of “equal pay for equal work.”

JUDGMENT :

JYOTSNA REWAL DUA, J.

1. The petitioner claims his promotion to the post of Planning and Development Officer alongwith the pay scale attached to it from a retrospective date. This claim stands on two planks. Firstly, that the respondent-University in an arbitrary and discriminatory manner, did not exercise the discretionary power to relax the applicable rules in favour of the petitioner for his promotion to the post of Planning and Development Officer, while at the same time, in exercise of this very power, similarly situated employees were promoted by the respondent to the post of Deputy Registrar etc. and secondly, notwithstanding above, the respondents had given additional charge of the post of Planning and Development Officer to the petitioner w.e.f 12.11.2014. The petitioner superannuated on 31.03.2015 while discharging the duties of Planning and Development Officer, therefore, the pay scale attached to this post is required to be released in his favour.

2. Facts:

(i) On 29.11.2011, the Executive Council of the respondent-University had before it an Agenda No. 17 regarding providing relaxation in the Recruitment and Promotion Rules (in short ‘R&P Rules’) while effecting promotions to the vacant posts of Deputy Registrar and Special Secretary. The Executive Council resolved and authorized the Vice-Chancellor of the respondent-University to take appropriate decision on matters pertaining to relaxation of R&P Rules in favour of the incumbents keeping in view their seniority as well as justification for relaxation in their favour.

(ii) The petitioner had joined the respondent- University in the year 1974. He was promoted as Deputy Registrar on ad hoc basis vide office order dated 21.01.2014 by granting him relaxation of one and a half months’ service period as Assistant Registrar. His ad-hoc promotion was regularized w.e.f. 10.03.2014 vide office order dated 21.10.2014. The petitioner was senior-most serving Deputy Registrar at that time.

(iii) In terms of the Himachal Pradesh University Ministerial and Administrative Service (Recruitment, Promotion and Certain Conditions of Service) Rules framed by the Executive Council of the respondent-University as notified on 06.01.1973, further promotion from the post of Deputy Registrar could either be to the post of Additional Controller of Examinations or to the post of Planning and Development Officer. The post of Additional Controller of Examinations and Planning and Development Officer are to be filled up 100% by promotion from the feeder channel of Deputy Registrars. The relevant rules providing the required length of service as Deputy Registrar for promotion to these two avenues read as under:-

“14.18: Additional Controller of Examinations:

(i) Minimum length of approved service. Three years as Deputy Registrar.

Two years as Deputy Registrar and with at least two years as Assistant Registrar. Desirable: Experience of having worked in Examination Branches of the University.

14.19: Planning and Development Officer:

(i) Minimum length of approved service. Three years as Deputy Registrar.

Two years as Deputy Registrar and with at least two years as Assistant Registrar.”

(iv) One post of Planning and Development Officer became available in the respondent-University on 31.07.2014. Petitioner was serving as senior-most Deputy Registrar at the time. His case for promotion to this post was processed by granting him relaxation in the requisite length of service. Though the Vice-Chancellor of the respondent-University on 12.11.2014 did not exercise the power to grant relaxation in favour of the petitioner for facilitating his promotion to the post of Planning and Development Officer, however, noticing that work against the post of Planning and Development Officer was of urgent nature and somebody needed to be posted there, ordered to give additional charge of the post to the petitioner without any financial benefits.

(v) Aggrieved against (i) respondent’s refusal to relax the condition of l