Mukesh Chander v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Sr. No.: 106 Civil Writ Petition No.19095 of 2024 Date of Decision: January 15, 2025 Mukesh Chander ..... PETITIONER(S)

VERSUS

State of Haryana & others ..... RESPONDENT(S)

CORAM:

HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA PRESENT: - Mr. Vijay Pal, Advocate, for the petitioner. Ms. Tanushree Gupta, Deputy Advocate General, Haryana.

Tribhuvan Dahiya, J (Oral) The petition has been filed, inter alia, seeking a direction to the respondents to pay minimum of pay scale meant for regular Assistant Professors to the petitioner, who is working as Extension Lecturer (Physics) with effect from 03.11.2017.

2.

It is claimed that the petitioner is entitled to the benefit on the basis of M.Phil degree awarded to him in May 2009 in first division vide certificate, dated 20.01.2012. This also makes him eligible for the post of Assistant Professor in colleges and universities in terms of decision taken by the University Grants Commission (UGC) dated 27.09.2010, Annexure P-13. 3.

Learned State counsel, on instructions, contends that after considering the petitioner's case for payment of minimum pay scale, the Government has released him remuneration as eligible Extension Lecturer with effect from 01.01.2019 on acquiring Ph.D degree. She fairly contends that his eligibility for the post on the basis of M.Phil qualification in the light of UGC decision, dated 27.09.2010, has not been considered by the AVIN KUMAR 2025.01.17 09:29 I attest to the accuracy and integrity of this judgment/order.

CWP No.19095 of 2024 [2] Department as yet, and a fresh decision in that regard will be taken by the second respondent once the petitioner makes a representation to that effect. 4.

In view thereof, without going into the merits of the case, the petition is disposed of with liberty to the petitioner to make a fresh representation before the respondents within a period of two weeks from today. In case such representation is made, the same shall be decided by the second respondent-Director General, Higher Education Haryana, by passing a speaking order thereupon, within a period of three months of receiving the representation.

5.

In case the order is not passed within the stipulated period, the officer concerned shall pay costs of ` 50,000 to the petitioner. (Tribhuvan Dahiya) Judge January 15, 2025 avin Whether Speaking/ Reasoned:

Yes/ No Whether Reportable:

Yes/ No AVIN KUMAR 2025.01.17 09:29 I attest to the accuracy and integrity of this judgment/order.