IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:01.03.2025 Prem Lata Yadav and others …Petitioner(s)

Versus State of Haryana and another …Respondent(s)

CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present:- Mr. Sunil K. Nehra, Advocate for the petitioners Mr. Harish Rathee, Sr. DAG, Haryana TRIBHUVAN DAHIYA, J. (Oral)

The petition has been filed inter alia seeking a writ of certiorari quashing the order dated 27.06.2019, Annexure P-6, to the extent ineligible Extension Lecturers have been given remuneration of ₹35,400, instead of ₹57,700 being given to eligible Extension Lecturers.

2. Facts of the case in brief are, the petitioners were initially engaged as Extension Lecturers in various subjects between 2012 to 2016 as per the Policy in vogue dated 20.08.2010, which provided for engagement of Extension Lecturers by way of temporary arrangement to meet urgent requirements/workload in Government Colleges. And the College Principals were authorised to engage such Lecturers against sanctioned posts or available workload. Due to non-availability of sufficient eligible candidates, the ineligible candidates who only had Master’s degree with fifty-five per cent PAYAL marks in the relevant subject, could also be engaged at a remuneration of ₹35,400 per month. The petitioners had been so engaged, as they were ineligible at that time.

2.1. In terms of law laid down by the Supreme Court in Civil Appeal No.213 of 2013 titled State of Punjab and others v. Jagjit Singh and others, the Department issued impugned memo, dated 27.06.2019, extending the principle of ‘equal pay for equal work’ to Extension Lecturers also, and were accordingly held entitled to remuneration equal to minimum of pay-scale meant for the post of Assistant Professor, i.e, ₹57,700. The memo reads as under:

It is made clear that only amount equal to the initial basic pay of a regular Assistant Professor is to be given to above mentioned beneficiaries and no allowances are to be paid. It is also made clear that contractual guest/extension lecturers may be allotted all additional duties (at par with regular Assistant/Associate Professor), however, duties involving financial responsibilities may not be allotted to them. Such incumbents will be paid remuneration of Rs.57,700/- per month. However, all those incumbents who are NOT ELIGIBLE as per UGC/State Government norms will be paid a remuneration of Rs.35,400/- per month and will be meeting complete workload and all other duties as well.

This Court vide judgment dated 30.04.2024, rendered in LPA No.733 of 2024 titled State of Haryana and others v. Kalyan Singh and others, has held that in terms of the memo remuneration at the rate of initial basic pay of a regular Assistant Professor will be given to Extension Lecturers from the date of notification dated 03.11.2017.

2.2. Subsequently, the Department issued a Policy dated 04.03.2020, ‘Policy guidelines regarding engaging Eligible Extension Lecturers in Govt.

PAYAL Colleges purely on work requirement basis’ (for short, ‘the Policy’). It required only those persons shall be engaged as Extension Lecturers who fulfilled the qualification for appointment as Assistant Professor as per the Haryana Education (College Cadre) Group ‘B’ Service Rules, 1986. And the non-qualified persons engaged by the Principals shall be removed. The petitioners, however, continued in service as Extension Lecturer in terms of various interim orders passed by this court in different petitions from time to time.

3. In this background, learned counsel for the petitioner has contended that the impugned memo, dated 27.06.2019, is discriminatory against the ineligible Extension Lecturers to the extent they have been given lesser remuneration as compared to eligible Extension Lecturers, though both the categories are performing same duties and functions of teaching. This is violative of the principle of ‘equal pay for equal work’ laid down by the Supreme Court in Jagjit Singh case (supra). Accord