Smt. Neelam Kalsi vs State Of U.P. And Others
2013 Latest Caselaw 1736 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

AFR
 
Court No. - 21
 
Case :- WRIT - A No. - 24600 of 2007
 
Petitioner :- Smt. Neelam Kalsi
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Siddharth Khare,Ashok Khare
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Satya Poot Mehrotra,J.

Hon'ble Vipin Sinha,J.

The petitioner has filed the present Writ Petition under Article 226 of the Constitution of India making the following prayers:

"(a) Issue a writ, order or direction of a suitable nature commanding/directing the respondent no. 1 to forthwith ensure compliance with the order of the Director of Education [Higher Education], U.P., Allahabad dated 20.12.2006 [Annexure-10];

(b) Issue a writ, order or direction of a suitable nature commanding/directing the Director of Education [Higher Education] to convene a meeting of the Selection Committee/Screening Committee at his own level for according consideration to the petitioner for sanction of Senior Pay-Scale, Selection Grade Pay-scale and to sanction the same within a period to be specified by this Hon'ble Court;

(c) issue a writ, order or direction of a suitable nature commanding/directing the respondents to forthwith disburse to the petitioner the arrears of her salary arisen on account of non-payment of salary for the period January 2003 to May 2004 in the Pay-scale of Principal, the unsanctioned annual increment, as also the arrears of salary arisen on account of senior scale and selection grade pay-scale as also fixation in the revised pay-scale including the increment sanctioned under the voluntary family welfare within a period to be specified by this Hon'ble Court along-with interest thereon at such penal rate as may be specified by this Hon'ble Court;

(d) issue a writ, order or direction of a suitable nature commanding/directing the respondent to sanction and disburse to the petitioner her regular monthly pension including arrears of pension from 25.06.2005, Provident Fund, Gratuity amount and Group Insurance amount within a period to be specified by this Hon'ble Court along-with interest at such penal rates as may be specified by this Hon'ble Court;

(e) issue a writ, order or direction of a suitable nature commanding/directing such action against Dr. Neelam Mittal as this Hon'ble Court may deem fit and proper;

(f) issue such other writ, orders or directions as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case;

(g) award costs to the petitioner."

It appears that the petitioner was working as Lecturer in Arya Kanya Degree College, Sipari Bazar, Jhansi (Affiliated to Bundel Khand University). There was dispute between the petitioner and the Respondent No. 6 herein in regard to working as Officiating Principal in the aforesaid institution. While the said dispute was going on between the petitioner and the Respondent No. 6 herein, an order dated 23.07.2002 was passed by the Manager of the Committee of Management of the aforesaid institution stating that the services of the petitioner stood terminated w.e.f. 01.01.1995. Certain further orders were passed in this regard.

The petitioner filed a Writ Petition before this Court being Civil Misc. Writ Petition No. 36213 of 2006.

By the judgement dated 26.09.2006, the said Writ Petition was partly allowed by this Court, and the said order dated 23.07.2002 was quashed. The Court, inter-alia, gave the following directions:

"In view of the above discussion, the impugned order dated 23.07.2002 (Annexure-28) and 31.07.2002 (Annexure-25) are hereby quashed.

Now with regard to the claim of the petitioner for her past salary and grant of selection grade, these are not the matters covered by the prayers made in the writ petition. There is no amendment to the writ petition even. Moreover, these are not the matters to be decided by this Court as they involve disputed questions of facts. Sri Ashok Khare, learned Senior Advocate and Sri Anil Bhushan has submitted that the matter in this regard be relegated to the Director of Higher Education, who is the competent authority to verify the claim of the petitioner and to pass appropriate orders for the payment of her past salary due if any or for the grant of selection grade.

"In view of the above submissions, we request the Director of Higher Education, U.P. Allahabad (respondent no. 3) to consider the claim of the petitioner for the grant of selection grade and payment of her past salary and all consequential benefits thereof if she makes a fresh application to this effect within three weeks from today and to pass appropriate order in accordance with law after hearing the parties concerned within a period of two months from the date of submission of the representation. Needless to say that the respondent no. 3 shall pass a speaking order verifying all the facts.

With the above observations, the writ petition is accordingly allowed in part."

Subsequently, it appears that a Modification Application was filed on behalf of the Respondent No. 6 herein seeking modification of the said Judgement and Order dated 26.09.2006 passed by this Court in Civil Misc. Writ Petition No. 36213 of 2006. By the order dated 08.12.2006, the said Modification Application was dismissed by this Court.

In compliance with the directions given by this Court in the said judgement and order dated 26.09.2006, the Director of Education (Higher Education), U.P., Allahabad passed the order dated 20.12.2006. Relevant portion of the said order dated 20.12.2006 is reproduced below:

";kph Jherh uhye dYklh }kjk ;ksftr ;kfpdk la[;k& [email protected] esa ikfjr vfUre vkns'k ds vkyksd esa Jherh uhye dylh ds fnukad 1&1&2001 dks fd;s x;s dk;ZHkkj xzg.k dh oS/krk dk fookn vc lekIr gks pqdk gSA vr% fnukad 1&1&2001 ls dk;ZHkkj xzg.k djus ,oa fnukad 25&6&2005 rd fu;fer :i ls dk;Zjr jgus ds vk/kkj ij Jherh uhye dylh lHkh vo'ks"k osru Hkqxrku] ns; osru o`f) ,oa fu;ekuqlkj ofj"[email protected];u osrueku ikus dh fu;er% gdnkj gSA

vr,o ;kph Jherh uhye dylh dks tuojh 2003 ls ebZ 2004 rd dk vo'ks"k osru Hkqxrku ,oa muds dk;Zjr jgus rd ns; osru&o`f) iznku djus dh vuqefr ,rn~}kjk iznku dh tkrh gSA tgkW rd ;kph dks fu;ekuqlkj ofj"[email protected];u osrueku iznku djus dk iz'u gS] bl lEcU/k esa izcU/[email protected]] vk;Z dU;k fMxzh dkyst] >kalh dks funsZf'kr fd;k tkrk gS fd og ;kph Jherh uhye dylh dks ofj"[email protected];u osrueku iznku fd;s tkus gsrq rRdky p;u lfefr xfBr dj p;u lfefr dh laLrqfr vfoyEc funs'kky; dks miyC/k djkuk lqfuf'pr djs] ftlls rn~uqlkj Jherh uhye dylh dk ofj"B ,oa p;u osru esa osru fu/kkZj.k fd;k tk ldsA

;g fuLrkj.k vkns'k ;kfpdk la[;k& [email protected] esa ikfjr vfUre vkns'k fnukad 26-9-2002 ds vuqikyu esa tkjh fd;s tk jgs gSA"

It will thus be noticed that the Director of Education (Higher Education), U.P., Allahabad by the said order dated 20.12.2006 noted that the dispute between the petitioner and the Respondent No. 6 herein regarding working as Officiating Principal had come to an end. The Director of Education (Higher Education), U.P., Allahabad by the said order dated 20.12.2006 further directed that the Manager/Secretary of the institution in question would get the Selection Committee constituted immediately and make available the recommendation of such selection committee regarding grant of Senior Pay-Scale and Selection Grade to the petitioner so that the salary of the petitioner could be fixed accordingly.

As no action was taken by the institution in question pursuant to the said order dated 20.12.2006 passed by the Director of Education (Higher Education), U.P., Allahabad, the petitioner filed the present Writ Petition seeking the reliefs as mentioned above.

On 03.07.2007, this Court passed the following order:

"We have heard Sri Ashok Khare, learned senior counsel assisted by Sri Siddharth Khare for the petitioner and learned Standing Counsel appearing for the respondents no. 1, 2 and 3.

Sri Ashok Khare has urged that respondent no. 6 is not complying with the order dated 20.12.2006. The writ petition against the order dated 20.12.2006 has been dismissed on 22.01.2007 which is also reported in 2007 (2) ADJ 277. In this view of the matter, the dispute between the petitioner and respondent no. 6 prima facie appears to have come to an end and the order of the Director of Education dated 20.12.2006 is to be complied with.

Since the respondent no. 6 has not complied with the order of the Director of Education (Higher Education), U.P. Allahabad, respondent no. 2, we direct the respondent no. 2 to convene a meeting of the Screening Committee for considering the petitioner for senior scale and selection grade and pass appropriate order within a period of one month and also pass order with regard to the payment of salary of the petitioner from the date a certified copy of this order is produced before respondent no. 2."

We have heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Siddharth Khare, learned counsel for the petitioner, and the learned Standing Counsel appearing for the Respondent Nos. 1 to 3.

Sri Ashok Khare, learned Senior Counsel appearing for the petitioner states that pursuant to the aforesaid order dated 03.07.2007 passed by this Court, the meeting of the Screening Committee was held, and the petitioner was given Senior Pay-Scale as well as Selection Grade, and the pension of the petitioner, who has already retired, has been fixed on the basis of such fixation in Senior Pay-Scale and Selection Grade.

Sri Ashok Khare, learned Senior Counsel appearing for the petitioner states that in view of the above, the reliefs claimed by the petitioner in the Writ Petition have stood granted and no further directions are required to be given in the matter.

Sri Ashok Khare, learned Senior Counsel appearing for the petitioner further submits that the only dispute which remains to be resolved in respect of the fixation of the petitioner is regarding quantum of such fixation, namely, while the petitioner claims that the fixation should have been done at the stage of Rs. 15360/-, the Respondent No. 6 has granted fixation at Rs. 12840/-

In view of the statement made by Sri Ashok Khare, learned Senior Counsel appearing for the petitioner, it is evident that no orders are required to be passed in the present Writ Petition.

In case the petitioner wants to raise the dispute in regard to quantum of fixation as mentioned above, it is open to the petitioner to approach the Respondent No. 2 by making a representation in this regard. In case, such representation is made, we hope and trust that the same will be decided by the Respondent No. 2 expeditiously.

We are, however, not expressing any opinion in regard to the merits of the claim of the petitioner regarding quantum of fixation.

The Writ Petition is disposed of accordingly with the aforesaid observations.

Order Date :- 7.5.2013

Sandeep