B.S. Dahiya vs Governing Body Shivaji College
2002 Latest Caselaw 1266 Del

JUDGMENT

Anil Dev Singh, J.

1. This letters patent appeal is directed against the following Orders of the leaned Single Judge:

(1) Order dated 20th February, 2002 in CW. 2881/1990, whereby the writ petition of the appellant was rejected, and

(2) the Order of the learned Single Judge dated 16th May, 2002 in CM.No. 5355/2002 whereby the application, seeking review of the aforesaid Order dated 20th February, 2002 was rejected.

2. The facts giving rise to the appeal are as follows:

On 17th October, 1977, the appellant, who is a M.Phil in Geography, jointed as Lecturer in Geography in the Shivaji College in the grade of Rs.2200-4000. About one year before his appointment, the sixth Respondent, now a Ph.D. in Geography, was appointed as Lecturer in the Bhagat Singh College in the same discipline. While the sixth respondent was working in the Bhagat Singh College he was promoted to the Grade of Rs. 3,700/- to Rs. 5,700/-. On 13th June, 1989, pursuant to an advertisement dated 11th June, 1989, the sixth respondent applied for the post of Lecturer in the Shivaji College with the condition that his basis pay and the annual increment be protected. On 7th September, 1989, the sixth respondent jointed as Lecturer in the Shivaji College in the pay scale of Rs. 2200-4000/- on receiving the offer of appointment dated 4th September, 1989 from the Principal of the College which offer was subject to the approval of the Governing Body of the College. Since the sixth respondent in his application had asked for pay protection, the Governing Body on 25th September, 1989 acceded to his request and fixed his basis pay as Rs. 4,000/- It may be mentioned that while considering the request, the Governing Body noted that the sixth respondent in the Bhagat Singh College was drawing basis pay of Rs. 4,075/- in the scale of Rs. 3700-5700/-.

3. The appellant feeling aggrieved by the stepping up of the pay of the sixth respondent made a representation on 9th October, 1989 to the Governing Body of the Shivaji College. Thereafter, he sent reminders on 22nd December, 1989 and 23rd July, 1990 to the Governing Body. Since no favorable response was received by the appellant, he filed a writ petition on 3rd December, 1990, claiming inter-alia the following reliefs:

"(a) A writ of Certiorari quashing the impugned Resolution and decision taken by Respondent No. 1 in their Governing Body meeting held on 25.9.1989 deciding to enhance the pay of Respondent No. 6 from Rs. 2200 in the scale of Rs. 2200-4000 to Rs. 4075/- in the scale of Rs. 3700-5700 and to quash all correspondence, files, decisions and nothings leading to the passing of the impugned order and consequent upon the impugned order.

(b) A Writ of Certiorari quashing the appointment of Respondent No. 6 in the post of Lecturer for Geography in the scale of Rs. 2200-4000 appointing him as such w.e.f.

7.9.1989.

(c) A writ of Mandamus commanding Respondent No. 1 not to implement their Resolution or decision regarding enhancement of pay and scale taken in their Governing Body meeting held on 25-9-1989.

(d) A Writ of Mandamus commanding Respondent No. 1 not to confirm Respondent No. 6 in the cost of Lecturer in Geography in the scale of Rs. 2200-4000 or in any other post of higher scale in the Shivaji College.

4. It may be mentioned that during the pendency of the writ petition, the sixth respondent was promoted as Reader on 27th August, 1997 against which the appellant is stated to have filed representation to the Governing Body.

5. On 20th February, 2002, the writ petition, preferred by the appellant was dismissed by the learned Single Judge, Even review application moved by the appellant was rejected by the learned Single Judge. Not satisfied by the orders passed by the learned Single Judge, the appellant has filed the instant letters patent appeal.

6. We have heard the learned counsel for the appellant. The grievance of the appellant is that even though the appellant was working as Lecturer since 1977 in the Shivaji College the sixth respondent, who jointed the College as Lecturer as late as 7th September, 1989 was given higher salary than the appellant. According to the learned counsel, the appellant is senior to the sixth respondent and the action of the first respondent, Governing Body of the College in stepping up the salary of the sixth respondent is arbitrary and needs to be quashed.

7. We have considered the submissions advanced on behalf of the appellant. We do not find that the grievance of the appellant is justified. As noted above, the sixth respondent was appointed as Lecturer in Bhagat Singh College in the year 1976 while the appellant was appointed as Lecturer a year later in Shivaji College. The sixth respondent acquired the Ph.D. degree in the year 1985, but the appellant did not improve upon hi qualification of M.Phil in Geography. The sixth respondent before joining Shivaji College was working in Bhagat Singh College in the scale of Rs. 3,700-5,700 and was drawing a basis salary of Rs. 4,075/-, whereas the appellant was in the grade of Rs. 2,200-4,000. It seems to us that judged by any standard the sixth respondent could not be treated as junior to the appellant and the resolution of the Governing Body dated September 25, 1989 was in consonance with the requirements of justice and fair paly and did not suffer from the vice of arbitrariness.

8. We also note that the appellant has not filed any writ petition or hasnot taken recourse to any other remedy against the order, promoting sixth respondent to the post of Reader. Int he circumstances, we decline to interfere with the orders passed by the learned Single Judge.

9. Accordingly, the appeal fails and is hereby dismissed. However before parting with the order, we allow the appellant to file representation before the Governing Body of the Shivaji College for seeking stepping up of his pay. In case such a representation is made by the appellant, the same shall be considered by the Governing Body of the Shivaji College within 2 months form the date of its receipt by the College