Mohan Lal Goel and Another vs Rajan Gupta and Another

Hemant Gupta, J.—Petitioner No. 1 was the Lecturer and Petitioner No. 2 was the Librarian in Rural College of Education, Kaithal. The Petitioners filed the writ petition before this Court claiming salary for the period they have worked with the said college. Writ petition was allowed by this Court on 12.5.2009, whereby directions have been issued to the Respondents to verify the services of the Petitioners and the period during which they had not been paid. Such benefits were ordered to be paid to them after fixation of the pay of the Petitioners. In pursuance of such direction, Petitioners have been paid their salary for the period they have worked.

The only subsisting grievance of the Petitioners is that the pay of the Petitioners has not been fixed though vide Annexure P-5, Petitioner No. 1 Sh. Mohan Lal Goel was placed in the selection grade w.e.f 1.7.1990 and the Petitioner No. 2 Raj Kumari in the senior scale w.e.f. 15.7.1981.

In an affidavit dated 21.9.2010, it has been pointed out that the available records in the office of Higher Education Department has been examined and found that the Management of the College has not awarded senior or selection grade to the Petitioners. Since the Management does not exist presently, the benefit cannot be given to the Petitioners.

The question whether the Petitioners are entitled to senior or selection grade is a disputed question of fact which is required to be determined in appropriate proceedings. Such question cannot be examined in the contempt proceedings. The present petition is disposed of with liberty to the Petitioners to establish their rights in respect of senior or selection grade procedure in appropriate proceedings according to law.

Disposed of with liberty aforesaid.