Smt. Bhama Singh vs State of U.P. and Others

Heard Shri Sandeep Dixit, learned Counsel appearing for the review petition.

This application, for review of the judgment dated 13.11.2009 delivered by Hon''ble Sibhat Ullah Khan and Hon''ble Anil Kumar, J.J., has been placed before us with the nomination of Hon''ble Senior Judge dated 19.1.2010 to be laid before a Division Bench of which Hon''ble Anil Kumar, J. is a member.

The petitioner is widow of late Dr. Jai Mangal Singh. He was appointed as Principal of Pratap Bahadur Post Graduate College, affiliated to Dr. Ram Manohar Lohia Awadh University, Faizabad on 1.7.1991. He died on 5.5.1994 discharging the duties on the post of Principal of the College. Her family pension was fixed at Rs. 3600/- per month on the basis salary of her husband on the post of Principal in the pay scale of Rs. 3500-7500 (now revised as Rs. 12,000-18300 by 5th Pay Commission). The petitioner prayed for directing the opposite parties to revise the family pension and arrears @ 30% of the minimum of the pay scale of Rs. 16, 400-22,400 admissible to the post of Principal of Post Graduate College with all consequential benefits w.e.f. 1.1.1996. She also prayed for arrears to be paid to her with 18% interest per annum.

By the judgment dated 13.11.2009 sought to be reviewed by the petitioner it was held that the petitioner''s husband was initially appointed as Principal in Pratap Degree College, Pratapgarh. Later on the said institution was upgraded as Post Graduate College. On the recommendation of the Committee of Management of the College, the State Government had granted temporary affiliation for post graduate courses with certain conditions including that the State Government would not bear the expenses of salary etc. consequent to new affiliation for running post graduate courses and the College would be solely liable to such financial burden. On such condition the College was granted temporary affiliation to run the post graduate courses and the post of Degree College Principal was raised to the level of Post Graduate College Principal and the petitioner''s salary was fixed in the pay scale of Rs. 4500-7300 (now revised as Rs. 16,400-22,400 w.e.f. 1.1.1996) at Rs. 4500 per month and on the basis of which after his death the petitioner''s family pension was fixed at Rs. 3600/- per month.

It was held that the question of equation of pay has to be left to the Executive Government and that the Court should not tinker with equivalence unless it was shown that it was made with extraneous consideration. The Court held that the pay scale of Rs. 4500-7300 was paid with the conditions that the difference between the salary of Degree College Principal and the Post Graduate Principal had to be born by the management and thus the State is liable to pay pension at the rate of the salary of a Degree College Principal.

Shri Sandeep Dixit submits that there is an error apparent on the face of judgment, namely that the College in question is a Government Aided Post Graduate College. The petitioner''s husband was appointed as Principal from the post of Principal, Degree College level to Post Graduate level on permanent basis. His appointment was duly approved. He was paid salary in the pay scale of Rs. 4500-7300 till the date of his superannuation on 5.5.1994 from State exchequer. His successor was also paid the salary in the same pay scale from the State exchequer. The Chancellor did not impose any such conditions in the affiliation letter to the College for temporary affiliation to run post graduate courses. The Government Order dated February 19, 1991 (Annexure CA-1 to the counter affidavit) cannot prevail over the statutory provisions u/s 60-E of the State Universities Act, 1973, wherein it was mandatory in the year 2003 that the salary of the affiliated Colleges shall be the liability of the State Government. u/s 37 (2) of the Act, the power to grant affiliation to the Colleges has been conferred on the State Government and the discretion of the State Government regarding payment of salary has been inducted in Section 60-E of the Act w.e.f. 11.7.2003, vide amendment in the Statute. The affiliation of post graduate courses for Political Science and Economics had been granted by the Chancellor u/s 37 (2) of the Act and not under ''Self Financing Scheme''.

All the grounds taken in the writ petition are on the merits of the judgment. These grounds cannot be treated to be an error apparent on the face of record. The judgment relies upon the letter of the Chancellor granting temporary affiliation.

In the supplementary affidavit of the petitioner, she had also annexed a letter of the Director of Education (Higher Education) dated April 3, 2008 reiterating that the temporary affiliation was granted w.e.f. 1.7.1991 in the subjects of Economics and Political Science and keeping that in view late Dr. Jai Mangal Singh, Ex. Principal''s salary was fixed in the pay scale of Rs. 4500-7300 with the condition that difference of the pay, as a Degree College Principal and the pay scale applicable to Post Graduate College, will be borne by the Committee of Management from its own sources.

The error in the reasoning given in the judgment for dismissing the writ petition is not permitted to be taken as a ground for review of the judgment. The Court does not, in its powers of review, sit over its judgment as an appellate court and take a different view.

We do not find that there is any error apparent on the face of record, to review the judgment. The review petition is rejected.