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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Satyen Vaidya, J.
Smt. Sulekha Sharma W/O Sh. Sunil Bhardwaj - Petitioner
Versus
The State Of Himachal Pradesh Through Its Principal Secretary (Language & Culture) and Ors. – Respondents
Civil Writ Petiton No. 365 of 2016
Decided On : 02-05-2022
Petitioner was appointed as Lecturer in Political Science in respondent No.5 College on temporary basis for three months against payment of consolidated fixed pay per month - Petitioner, however, continued to serve respondent No.5-College in same capacity. She obtained M.Phil degree in Political Science - Thereafter petitioner was allowed running scale – term “are exempted” used in the notification itself suggest that the benefits thereof would be applicable to the incumbents with requisite M.Phil degree serving as Lecturers though without NET qualification. [Para 16]
Finding of the Court :
Order passed by respondent No.3 cannot be sustained for reasons firstly that office order Annexure P-7 and order issued by Respondent No.2 had attained finality - Once these orders had attained finality, respondent No.3 could not have superseded these orders especially, when these orders had imprimatur of this Court through orders passed from time to time in different proceedings as noticed above - Secondly, impugned order was passed even without affording any opportunity of being heard to petitioner and lastly impugned order was passed on wrong interpretation of UGC guidelines - Notification issued by UGC specifically declared that “the candidates having M.Phil degree in concerned subject are exempted from NET for UG level teaching only.” - Petitioner had qualified her M.Phil examination in July, 1994 - On strength of this Notification, petitioner was held eligible as per UGC guidelines to hold post of Lecturer in Political Science in UG classes. Even impugned order recognized right of petitioner to be eligible for all benefits under UGC norms - An interpretation, that terms of UGC notification would be applicable prospectively only, will on one hand be absurd and on other militate against very purpose of such notification - In case petitioner was eligible for all benefits under UGC norms w.e.f. date of issuance of notification, there cannot be any logic to deny her same benefits for period she had worked with same qualification - Even otherwise, purposive construction of notification would not be to apply benefits thereof prospectively only - Term “are exempted” used in notification itself suggest that benefits thereof would be applicable to incumbents with requisite M.Phil degree serving as Lecturers though without NET qualification - Any other interpretation would be absurd especially when services of petitioner had already been utilized as Lecturer in Political Science for teaching under graduate classes in respondent No.5 College in same manner as all other Lecturers in College.
Result : Petition is allowed
ORDER :
By way of instant petition, petitioner has prayed for the following substantive reliefs:-
(ii) That the letter, dated 8.1.2006 issued by respondent No. 2, Annexure P-14, pursuant to the order dated 6.1.2006, Annexure P-13 may kindly be quashed and set aside and the respondent may further be restrained from reducing the salary of the petitioner and also from effecting any recoveries from her
(iii) That the petitioner may kindly be held entitled for grant of pay band IV due to her w.e.f. the due date, with all consequential benefits
(iv) That the recoveries already effected from the petitioner may kindly be ordered to be restored to her.”
2. Petitioner was appointed as Lecturer in Political Science in respondent No.5 College w.e.f. 06.08.1990 on temporary basis for three months against the payment of consolidated fixed pay of Rs.1800/- per month. Petitioner, however, continued to serve respondent No.5-College in the same capacity. She obtained M.Phil degree in Political Science on 06.07.1994. Thereafter petitioner was allowed running scale of 2200-4000/- w.e.f. 01.04.1995.
3. After initial appointment of the petitioner, respondent No.5 College had started recruitment process for fresh appointment to the post of Lecturer in Political Science against the post held by the petitioner. CWP No. 867/1992 was preferred by the petitioner but the petition was later withdrawn due to grant of regular pay-scale to petitioner by respondent No.5 College w.e.f. 01.04.1995.
4. Petitioner became entitled to senior scale on completion of five years after1.4.1995 and to the selection grade on completion of another 5 years, but she was not allowed such benefits. Petitioner approached this Court by way of CWP No. 355 of 2006, which was disposed of on 23.07.2008 in following terms:
"NET shall remain the compulsory requirement for appointment as Lecturer for those with post-graduate degree. However, the candidates having Ph.D. degree in the concerned subject are exempted from NET for PG level and UG level teaching. The candidates having M. Phil degree in the concerned subject are exempted from NET for UG level teaching only."
Parties agree and accept that the case of the petitioner is covered by this notification. This writ petition is accepted and a direction is issued to the respondents that the case of petitioner be considered in terms of this notification. Such consideration shall be completed within a period of six weeks from today. This writ petition is disposed of accordingly. There shall be no order as to costs.”
5. In purported compliance to aforesaid orders, Respondent No.2 passed order dated 04.09.2008 and held an amount of Rs. 8.64,809/- recoverable from the petitioner. Respondent No.3, vide correspondence dated 01.12.2008, clarified the correct import of order dated 23.07.2008 passed by learned Single Judge of this Court in CWP No. 355 of 2006 and issued direction to respondent No.2 to examine the case of the petitioner strictly as per order passed by this Court. In sequel to above, respondent No.2 issued office order dated 03.12.2008 in following terms:-
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