Regular pay scale granted based on the availability of posts and acquisition of necessary qualifications.

JAISHREE THAKUR, J.

1. By way of this common judgement, this court proposes to decide two writ petition i.e. Civil Writ Petition Nos. 631 and 1371 of 2014, as common question of law and fact are involved therein. However, for the sake of brevity, the facts are being taken from Civil Writ Petition No 631 of 2014 Poonam Vs B.P.S. Mahila Vishwavidhalya and another.

2. The petitioner was appointed as Hostel Warden on 13.10.2005 (Annexure P/1) in P.S.D. Girls Law College, Khanpur Kalan, which then became the constituent institution of the University and renamed as Department of laws, B.P.S. Mahila Vishwavidhalya Khanpur Kalan. Thereafter, the petitioner was brought in the regular cadre of the respondent University w.e.f. 27.02.2009, vide order dated 22.7.2009 (Annexure P/2) as Hostel Supervisor on a consolidated salary. The educational qualification for this post was graduation. The petitioner completed her graduation in May 2010 and a regular pay scale was granted to the petitioner by the respondent University, vide letter dated 03.09.2012 (Annexure P/3) w.e.f. 15.6.2012. As the petitioner had acquired essential educational qualification of Bachelor of Arts, as required to hold the post of Hostel Supervisor in May 2010, she represented that she may be given the regular pay scale from the said date instead of 15.6.2012. The petitioner served a legal notice dated 9.11.2013 (Annexure P/4) through her counsel but to no avail, hence the writ petition.

3. Learned counsel for the petitioner would argue that the petitioner herein who had been appointed on a regular pay scale with P.S.D. Girls Law College, Khanpur Kalan, would be entitled to a regular pay scale from the date she acquired the qualification to hold the post of Hostel Supervisor. It is argued that the Executive Council of the respondent University had taken a decision in its meeting held on 23.06.2008 to the effect that “the staff which is not qualified may be given consolidated salary till such time they acquire the required qualifications. Lower post may be considered wherever possible.” It is submitted that based on the decision of the Executive Council, several persons have been given the benefit of regular pay scale on acquiring required educational qualifications. One such person is Smt. Ram Bhateri, who was serving as Hostel Attendant and was initially regularised on consolidated salary, but on acquiring the required educational qualification of Matric, essential for the post of Hostel Attendant, she was granted regular pay scale by regularizing her services in the regular pay scale. This was done based on the decision of the Executive Council dated 23.06.2008 reproduced above. Learned counsel would argue that the petitioner herein is entitled to the same benefit and claims parity with Smt. Ram Bhateri. The petitioner acquired the necessary qualification of graduation to hold the post of Hostel Supervisor in May 2010 and, therefore, ought to have been granted regular pay scale from that day.

4. Per contra, learned counsel appearing on behalf of the respondents would submit that the claim of the petitioner for a regular salary from the date she acquired the qualification cannot be acceded to. It is submitted that the petitioner, who was working as a Hostel Supervisor in a Law College run by erstwhile private management, became the part of the University. As per the decision of the government dated 21.9.2006, the staff working on aided posts in the educational institutions were to continue as such till the final decision was taken in that regard. The petitioner continued to work on a consolidated salary in the respondent University. Subsequently, the State Government accepted the University’s proposal of rationalization of various posts and 10 posts of Hostel Warden in the pay scale of ? 9300–34,800+3300 grade pay was sanctioned to adjust old hostel staff of the erstwhile private management. However, a minimum qualification for post of Hostel Warden was Post Graduate Degree