Ramna Singla v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 12165 of 2020 DATE OF DECISION : 19.08.2020 Ramna Singla

...Petitioner

Versus

State of Punjab and others

...Respondents

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Ms. Amrita Garg, Advocate, for the petitioner.

Ms. Simran Grewal Randhawa, AAG, Punjab.

(Presence marked through video conference).

ARUN MONGA, J. (ORAL) Petitioner herein seeks issuance of a writ in the nature of mandamus to direct the respondents to promote the petitioner as a Professor in the pay scale of Rs.37400-67000+AGP 10000 with effect from 18.11.2011 under the career advancement scheme of UGC by taking proper interview before the date of superannuation i.e. 25.08.2020. Further, a prayer has been made to pay the arrears on account of salary increments on the revised pay scale.

2.

Learned Counsel for the petitioner submits that the respondent University has not granted the benefit of pay protection as per University norms. It is further contended that the petitioner has not been granted the benefit of promotion as a Professor under the Career Advancement Scheme of UGC as well as UGC Regulations on minimum qualifications for

Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of the Standards of Higher Education, 2010. 3.

Learned counsel for the petitioner further contends that the petitioner is due for superannuation on 25.08.2020 and would retire thereafter on 31.12.2020 as per University Rules and Regulations. She further contends that it is imperative that the process for promotion of the petitioner as Professor be taken as early as possible. In these circumstances, the petitioner sent legal notice dated 21.07.2020 (Annexure P-14) to the respondent, but the same has not been adverted till date. Hence, the petition. 4.

Notice of motion.

5.

Ms. Simran Grewal Randhawa, AAG, Punjab, who has joined proceedings, on service of advance copy of petition, appears and accepts notice on behalf of State of Punjab.

6.

Given the nature of order being passed, there is no necessity to seek return by any of the respondents as no further proceedings and/or pleadings are required.

7.

Without commenting on the merits of the case, the writ petition is disposed of with a direction to the competent authority to objectively consider the legal notice dated 21.07.2020 (Annexure P-14) and also by keeping in view the contentions stated in the present writ petition by treating it as a supplementary representation and pass a speaking order, in accordance with law.

8.

Since the petitioner is slated to superannuate on 25.08.2020, there is hardly much time left for same. Therefore, it would be appreciated if the speaking order is passed before the end of this Month and the steps are

initiated qua passing of the order immediately on furnishing copy of this order by the petitioner to the competent authority. 9.

Disposed of in above terms.

(ARUN MONGA) JUDGE AUGUST 19, 2020 shalini Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No