Punjab-Haryana High Court
Vijay Kumar Monga vs State Of Punjab And Others on 10 April, 2024
Neutral Citation No:=2024:PHHC:048935
2024:PHHC:048935
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
268
CWP-14900-2018 (O&M)
Date of decision: 10.04.2024
Vijay Kumar Monga
....Petitioner
Versus
State of Punjab and Others
...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : Mr. P.K. Goklaney and Mr. Ashish Goklaney, Advocates
for the petitioner
Mr. Charanpreet Singh, AAG Punjab
*****
AMAN CHAUDHARY. J. (ORAL)
1. The prayer made in the case is to consider the previous service
rendered by the petitioners in the Government Aided School towards fixation of
their pay on their joining in the Government School, which the learned counsel
submits stands already decided by this Court in Sunil Kumar Sharma and
Others vs. State of Punjab, CWP-4629-2012, whereby a batch of petitions were
allowed on 19.02.2018, Annexure P-3 against which the LPA and SLP, both were
dismissed and it was implemented vide order dated 06.12.2023 and prays that the
present petition be disposed as per the same. The relevant paras thereof read thus:
"The learned counsels have placed reliance on rule 4.4 of the
PCS Rules. The same are reproduced as under:-
"4.4 The initial substantive pay of a Government
employee who is appointed substantively to a post on a
time -scale of pay is regulated as follows:-
(a) If he holds a lien on a permanent post, other than a
tenure post, or would hold a lien on such a post, had his
lien not be suspended-
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(i) When appointment to the new post involves the
assumption of duties or responsibilities of greater
importance (as interpreted for the purpose of rule 4.13)
than those attaching to such permanent post, he will
draw as initial pay the stage of time scale next above his
substantive pay in respect of old post;
(c) (i) Notwithstanding anything contained in these
rules, where a Government employee holding a post in a
temporary or officiating capacity is promoted or
appointed in a substantive, temporary or officiating
capacity to another post carrying duties and
responsibilities of greater importance than those
attaching to the post held by him, his initial pay in the
time scale of the higher post shall be fixed at the stage
next above his pay drawn by him in the lower post
provided it is certified by the Head of the Department in
which the Government employee was holding the lower
post that he would have continued to officiate in the
lower post but for his promotion/appointment to the
higher post."
As per the afore-quoted rule, when appointment of an
employee is made to a new post which involves the assumption
of duties or responsibilities of greater importance than those
attaching to such permanent post, pay of such appointees is to
be fixed at the next stage in a time scale.
Instructions (Annexure P-2) issued by the Government
of Punjab clarify that if an employee has held a post in the
same or identical time scale in some other department or a
body whether incorporated or not which is wholly or
substantially owned by the Government, his pay on
appointment in the Government service is to be fixed at the
same level.
Further Rule 69 of the Grant-in-aid rules provides as
under:-
"69 Staff Grants (i) Staff grants shall be at the rate of
95% of the pay paid and shall be admissible on account
of teachers holding certificates/diploma/degrees
awarded by the Punjab Education Department or
University in the state or any other diploma/certificate
awarded by another department of the Punjab State or
of any other State or University providing the
certificate/diploma/degree is recognized by Punjab
Govt."
Pay Fixation of Staff:- The pay of teaching staff working in
privately managed aided schools shall be fixed in accordance
with Civil Services Rules and other instructions issued by the
Govt. from time to time.
It is to be noticed that all the petitioners were working
on the aided posts and were being paid 95% by the State with
overall control upon their services. The appointments against
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the aided posts are made with the approval of the Director. As
per Section 4 of the Punjab Privatively Managed Recognized
School (Security of Service) Act, 1979 (for short "the Act"), no
employee shall be dismissed, removed, terminated or reduced
either in rank or within a time scale except with the prior
approval of the Director. Thus, the posts held by the petitioners
were substantially controlled by the Government and therefore,
as per Rule 4.4 of the of the PCS Rules, their pay which the
petitioners had been already drawing is liable to be protected.
Further, as per Section 7 of the Act, while working in the aided
schools they were entitled to the scale of pay and dearness
allowances equivalent to the employees of the state
Government holding corresponding posts. Their claim in this
regard is covered by Govt. instructions dated 15.11.2000
(Annexure P-2). The Punjab Civil Service Rules are applicable
upon them in respect of their pay fixation as per Rule 69 of the
Grant in Aid Rules reproduced above. Hence, as per Rule 4.4
of the PCS Rules and Govt. Instructions dated 15.11.2000
(Annexure P2), they are entitled to benefits of their previous
service rendered by them in the Govt. aided schools towards
fixation of their pay in the Govt. Schools with all consequential
benefits.
Consequently, all the writ petitions are allowed. The
respondents are directed to fix the pay of the petitioners in
terms of rule 4.4 of the PCS Rules and grant them the
necessary consequential benefits as well."
2. Learned State counsel despite his best efforts was unable to
controvert the factual position and draw out any distinctive aspects in the
aforementioned judgment or cite any contrary law.
3. In view of the aforesaid, the present petition is disposed of in terms of
the judgment passed in Sunil Kumar Sharma (supra).
(AMAN CHAUDHARY)
JUDGE
10.04.2024
M.Kamra
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
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