I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL Writ Petition ( S/ B) No.515 of 2015 Dr. Pramod Bhartiya ...Petitioner Vs.

State of Uttarakhand & others ... Respondents Presence:

Mr. S.S. Yadav, learned counsel for petitioner.

Mr. Pooran Singh Bisht, learned Addl. C.S.C. for State of Uttarakhand.

Coram: Hon’ble Manoj Kumar Tiwari, J.

Hon’ble Ashish Naithani, J.

JUDGMENT: (per Hon’ble Justice Sri Manoj Kumar Tiwari)

Petitioner is challenging order dated 16.09.2015 passed by Director Higher Education, Uttarakhand whereby his claim for pay protection was rejected on the ground that in view of Government Order dated 18.12.2006, he is not entitled for pay protection. The reliefs sought in the writ petition are extracted below:-

“i. Issue a writ, order or direction in the nature of Certiorari quashing the Government Order dated 16.09.2015 (Annexure No.8 to the writ petition).

ii. Issue a writ, order or direction in the nature of Mandamus directing the respondent no.1 to keep it in abeyance the Government Order dated 16.09.2015 till pendency of the present writ petition and summon the case from the office of respondent no.2 and decide it as per the law.

iii. Issue a writ, order or direction in the nature of Mandamus directing the respondent no.2 to refer the matter before the respondent no.1 as per the clause 2 of Government Order dated 18.12.2006 and further prayed to direct the respondent no.2 to withdraw the order dated 16.09.2015 at his level and refer the case before the respondent no.1 for suitable orders as per the provisions of statues and Government Order dated 20.06.1989 (Annexure No.10 to the writ petition) and circular dated 27.04.2011 (Annexure No.11 colly to the writ petition).

iv. Issue a writ, order or direction in the nature of Mandamus directing the respondent nos.1 & 2 to issue the pay protection to the petitioner as he was getting of Rs.37,400-67,000+ A.G.P. of Rs.10,000/- in the affiliate college of J.R.S. College Jamalpur of Tilak Manzhi Bhagalpur University, Bihar with its arrears since due date.”

2. Petitioner was appointed as Lecturer (Sanskrit) in Municipal Post Graduate College, Mussoorie, Dehradun on the recommendation of U.P. Higher Education Service Commission, vide order dated 27.08.1996. Municipal Post Graduate College is a privately managed college, which is getting financial aid from State Government. While serving as Lecturer at Mussoorie; petitioner applied for appointment as Principal of JRS College, Jamalpur in State of Bihar pursuant to an advertisement issued by the competent authority. After being selected, petitioner was appointed as Principal of JRS College, Jamalpur Bihar, which was affiliated to Tilka Manjhi Bhagalpur University Bhagalpur. His appointment in JRS College, Jamalpur (Bihar) was subsequently cancelled by the University vide order dated 05.04.2013. The cancellation order is on record as Annexure 3 to the writ petition. Perusal thereof reveals that Hon’ble Patna High Court had quashed the entire selection, consequently, services of 13 teachers including the petitioner were terminated.

3. According to petitioner he joined as Principal in JRS College, Jamalpur after taking special leave from Municipal Post Graduate College, Mussoorie and his lien was retained there, therefore he resumed duties in the college at Mussoorie, Dehradun on 20.04.2013. According to the petitioner, he was getting salary in the scale of Rs.37400-6700 Academic Grade Pay Rs.10,000/- while serving as Principal JRS College, Jamalpur Bihar, where he served for about four and half years, therefore, he was entitled to protection of his pay as per the Government policy, after resuming duties in the earlier college at Mussoorie. In other words, he wanted the salary of Principal while serving as Lecturer.

4. Petitioner made a representation stating that he is entitled to Academic Grade Pay of Rs.10,000/- as per last pay certificate issued by JRS College, Jamalupur, Bihar but he is being paid only Rs.9,000/- as Academic Grade Pa