IMPORTANT POINT
A clerical error in an advertisement does not confer entitlement to a higher pay scale than what is established by government orders.

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. 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 S