To.
Hon’ble Chief Minister,
Punjab, Chandigarh.
Sub: Regarding counting of past service for placement in Senior Scale/Selection grade and withdraw SLP in case of Mahesh Chander & others,pending before the Hon’ble Supreme Court judgment in case of Mrs. Romila Jain of Haryana as has been done by Govt. of Haryana.
Sir,
It is most humbly submitted that the Punjab Govt. vide its letter no. I.D.No.12/39/2002-5PP-II/9406 dated 17th July 2002 has sought to implement all decisions of the courts which have attained finely, to grant the same relief to other members of the cadre whose claim is based upon identical facts and points of law.
We, the Govt. College Lecturers working in various colleges want the implementation of the Hon’ble High Court/Supreme Court judgment, to all similarly situated lecturers as per facts given below:-
-That Mrs. Romila Jain of Haryana won her case in Hon’ble Punjab and Haryana High Court on 27-01-1995 (CWP No. 11125 of1992) for counting of her past service for placement in senior/Selection Grade w.e.f.01-01-1986, as per UGC letter dated 27-11-90.
-That similarly some lecturers of Punjab also won such a case in Mahesh Chander and others v/s State of Punjab & others.
-That both the State Govt. of Punjab as well as Haryana approached the Hon’ble Supreme Court through SLP.s.
-That while the Supreme Court granted leave to civil appeal nos. 4053-4054 of 1998 (arising out of SLP (civil) Nos. 14014/96 in Director of Public Instructions of Punjab V/S Mahesh Chander and others on August 14. 1998,where as the Hon’ble Supreme Court dismissed the SLP No.12441/96 filed by State of Haryana on 22-11-96.Again the Supreme Court dismissed the Review Petition (civil) No.3243 of 1999 in the case State of Haryana v/s Romila Jain, on April 28, 1999.
That the decision of Hon.ble Supreme Court in Romila Jain’s case is the latest and has attained finality.
-That the Govt. of Haryana has given the benefit of past service to all lecturers working in Colleges and Universities vide Para 9 of its notification No.1/1/99-Edu (1) dated 08-12-2000.
-That the Director of Higher education, Haryana vide its memo no.15/1-2000 C/IV (3) dated 27-02-01 has directed all Principals of Govt./Non-Govt. Colleges of the State & Registrars of Universities to count past service for placement in Senior Scale/Selection Grade w.e.f.01-01-86 in light o f judgment delivered in Romila Jain’s case vide which UGC instructions dated 27-11-90 has been up held by the Hon’ble Supreme Court.
-That we demanded the implementation of Pb.Govt.letter no. I.D.No.12/39/2002-5PP-II/9406 dated 17th July 2002 and to grant the same relief to all members of the cadre who are similarly situated.
-That due to non implementation of the above order,Mahesh Chander and others again approved the Hon’ble High Court gave its verdict in their favour on 13-01-2003.as per Romila Jain’s case.
- That the Punjab Govt. instead of implementing the Supreme Court orders in case of Romila Jain has approached it in an SLP against the High Court judgment of 13-01-03.
-That due to pendency of this SLP, the justice to college lectures in being delayed, which they will get sooner or later.
That the denial of this benefit of past service to college lecturers is highly discriminatory as all lecturers are already this benefit in all Universities of the state.
-That you are requested to intervene and get the SLP in Mahesh Chander and others withdrawn and implement the Hon’ble Supreme Court judgment in Romila Jain’s case on the pattern of Haryana. So as the avoid unnecessary litigation in various courts as many writ petitions pending in Hon’ high Court and many more may be filed.
-You are kindly requested do to justice to the college lecturers by giving them the benefit of past service for placement in Senior Scale/Selection Grade.
Hoping for an early positive response.
Yours sincerely,
(Jaipal Singh)
President,Pb.GCTA