- (1.) In these two petitions filed in different years, the 4 petitioners in CWP No.5615 of 2001 and 1 in CWP No.20054 of 2009, are seeking the benefit of higher pay scales than the ones granted to them, claiming on the basis of service rendered by them in private, Government aided colleges, prior to the services rendered in the colleges where they are now serving. Both these petitions have a long and chequered history, especially CWP No. 5615 of 2001, as would be detailed herein after. In fact, the second petition, i.e. CWP No. 20054 of 2009, already stands decided by a co-ordinate Bench vide its order dated 23.08.2010 and only the review application filed by the respondents-State against that order, and the application for modification of that order, filed by the petitioner, are to be decided by this Court. However, since CWP No. 5615 of 2001 has been remitted back to this Court by the Supreme Court, and the issue involved is common to both, details of the pleadings even in the second petition (CWP No. 20054 of 2009) are felt necessary to be reproduced. CWP No.5615 of 2001
(2.) The facts are first being taken from CWP No.5615 of 2001, being the older case and one which has been remitted by the Supreme Court for redetermination. The four petitioners are all working as Lecturers in the Arya College, Ludhiana, which is a Government aided private college.
(3.) Petitioner No.1, Dr. Mahesh Chander, was appointed as a Lecturer initially at Lajpat Rai Memorial College, Jagraon, affiliated to the Punjab University, as is the respondent Arya College, on a pay scale of Rs.300-600, which was increased to Rs.700-1600 w.e.f. 01.01.1973. He joined the respondent Arya College on 20.08.1985, after resigning from his previous college but his pay scale and emoluments were protected on the basis of an approval stated to have been granted by the Director of Public Instructions (Colleges) Punjab, i.e. respondent No.2. Petitioner No.2, Suresh Kumar, initially joined as a Librarian at Hindu College, Amritsar, on 11.10.1974, also in the pay scale of Rs.300- 600, as was meant for Lecturers, after which he was given the revised grade of Rs.700-1600 w.e.f. 01.04.1980. He, thereafter, was selected as a Lecturer in the respondent college on 18.02.1985, after resigning from his previous college. His pay scale and emoluments too are stated to have been similarly protected. Petitioner No.3, J.K.Bhandari, initially joined as a Lecturer at S.D.College, Hoshiarpur, on 01.08.1973, in the pay scale of Rs.300-600, revised to Rs.700-1600 in that college itself and thereafter, joined the respondent college on 24.07.1981, again with protection of pay as is stated in the petition. The 4th petitioner, Roshan Lal Behl, initially joined as a Lecturer at G.T.B. National College, Dakha, on 08.07.1982, in the scale of Rs.700-1600 and thereafter in the respondent college with protection of emoluments. No date of his joining the Arya College is given in the petition.;