M.L. Singhal, J. - (1.) GURDIAL Singh, Jagjeewan Kumar and others (Plaintiffs) are Lecturers in S.S.M. College, Dina Nagar. They filed suit for declaration against the Principal, S.S.M. College, Dina Nagar and its management to the effect that they are entitled to the arrears of pay which became accrued to them consequent upon the revision of pay scales with effect from 1.1.1973. They claimed to be entitled to the arrears of pay to be worked out in accordance with the pay fixation formula of DPI (Colleges), Punjab, Chandigarh as per letter No. 1505 -1 -EDI 77/7462 dated 25.2.1977 from the date of their joining service upto October, 1977. By way of consequential relief they prayed for a mandatory injunction directing them to release the amount of arrears of pay with interest @ 18% per annum till realisation. Gurdial Singh joined on 16.8.1974. Jagjee -wan kumar joined on 28.7.1973, Sachida Nand joined on 1.8.1973, Jagmohan Kumar Handa joined on 18.7.1973, Satinder Parkash Handa joined on 16.7.1973 Swatantar Murgai joined on 16.7.1973 and Davinder Singh joined on 16.7.1973. In pursuance of the recommendations of the University Grants Commission, the State Government revised the pay scales of the University and College teachers with effect from 1st April, 1975 vide Punjab Government circular dated 20.6.1975, Later on the State Government considered the granting of the revised pay scales with effect from some earlier date. The Governor of Punjab was pleased to grant the revised pay scales to the teaching personnel of the Universities, Government Colleges and Aided Private Affiliated Colleges with effect from 1.1.1973. Plaintiffs were also placed under the revised pay scale of Rs. 700 -1600, as against the earlier pay scale of Rs. 300 -600. As per letter/memo dated 25.2.1977 the arrears of pay accruing to the teaching personnel, was to be deposited in the Government securities in the case of private Colleges. The benefit on account of increase in the additional dearness allowance, to the extent of 50% had to be deposit in terms of Additional Emoluments (Compulsory Deposits), Act, 1974 and the remaining 50% had to be credited to the general provident fund, contributory provident fund or in the Government securities of teachers concerned as the case may be. According to the University conditions for affiliated privately managed Colleges, the management of the concerned College was liable for the payment of the revised pay scales and arrears of pay accruing due on the revision of the pay scales. According to the plaintiffs the defendants failed to comply with letter dated 25.2.1977.
(2.) DEFENDANTS contested the suit of the plaintiffs. It was urged that vide agreement dated 18.11.1977 entered into between the teaching staff and the management of S.S.M. College, Dina Nagar it was agreed that the management will not pay any arrears of pay with effect from 1.1.1973. College came into existence after July, 1973. Plaintiffs are claiming relief with effect from 1.1.1973. College came into existence in July. 1978, as such letter dated 25.2.1977 is not applicable. Arrears of pay had not been paid to the College by the Government as College was not entitled to the arrears. It was urged that as the College had not received any amount in respect of the alleged arrears from the Government or the University, the plaintiffs are not entitled to the alleged arrears from the defendants. On these pleadings of the parties, the following issues were framed : - 1) Whether the suit is within limitation ? OPP. 2) Whether the suit is bad for mis -joinder of causes of action? OPP. 3) Whether the suit is not maintainable in the present form? OPD. 4) Whether the plaintiffs are estopped from filing the present suit by their act and conduct ? OPD. 5) Whether the plaintiffs are entitled to arrears of pay from the date of joining ? OPD. 6) Whether the plaintiffs are entitled to any interest ? If so to what amount ? OPD. 7) Relief.
(3.) VIDE order dated 25.3.1995 Additional Senior Sub Judge, Gurdaspur decreed the plaintiffs suit for declaration that they are entitled to the arrears of pay having accrued to them because of the revision of the pay scales with effect from the date they joined the service upto October, 1977 and by way of mandatory injunction the defendants were directed to get the arrears of pay deposited in the Government securities and the benefit on account of increase in the dearness allowance deposited in terms of Additional Emoluments (Compulsory Deposits) Act, 1974 and credited in their general provident fund, contributory provident fund, Government securities in accordance with criteria given in para No. 6 of letter dated 25.2.1977, in view of his findings, that there was an agreement between the teaching staff of this College and the management of this College dated 18.11.1977 according to which it was the duty of the management of this College to have correspondence with DPI Colleges for getting the amount of arrears released for being deposited in the account of the plaintiffs in terms of letter dated 25.2.1977 Ex. P2. It was found that it was the duty of the management of the college to intimate the Government regarding the additional financial liability on account of revision of pay scales and to ask for the release of the arrears of pay for being deposited in accordance with letter Ex. P2 dated 25.2.1977. It was found that as they were not to receive the amount in cash, there was no limitation provided in letter dated 25.2.1977 and the plaintiffs suit could not thus be said to be barred by limitation because the arrears of pay will be deposited in the general provident fund, contributory provident fund, Government securities as and when the same was released by the Government on being asked by the management of the College. No interest was awarded to be paid on the amount of arrears.;