- (1.) Present writ petition has been preferred by Hukam Chand, who retired as Librarian from the Post Graduate Institute of Medical Education & Research, Chandigarh (hereinafter referred to as "the Institution").
(2.) In the writ petition filed under Article 226 of the Constitution, with a prayer for issuance of writ in the nature of certiorari seeking quashing of order dated 29.10.2001 (Annexure P20) whereby even though petitioner has been granted scale of Rs. 2,200-4,000 w.e.f. 1.1.1986 in pursuance of Punjab Government Notification dated 6.4.1989 (Annexure P8) senior scale of Rs. 3,000-5,000 and selection grade of Rs. 3,700-5,700 after completion of service of eight years and 16 years, has been denied to him though these senior scale and selection grade formed part of the same notification. Petitioner has sought further writ in the nature of mandamus directing the respondents that he be allowed senior scale and selection grade mentioned above after completion of eight and 16 years of regular service w.e.f. 1.1.1986 as has been allowed to various Librarians working in the Colleges/Public Libraries under the Punjab Education Department. Before this Court advert to the facts of the case, it would be appropriate to notice twofold submissions raised before this Court. It is submitted that :- a) once the Institution adopted the notification (Annexure P8) then the same has to be followed in entirety and senior scale and selection grade as per Annexure P8 has to accrue to the petitioner. b) Punjab Government subsequently had relaxed certain conditions enumerated in Annexure P8, therefore, the Institution is bound to follow the same course and relax those conditions for awarding senior scale and selection grade.
(3.) Having noticed these two submissions, it will be pertinent to notice brief facts of the case.;