Research › Browse › Judgment

Supreme Court of India · body

2015 DIGILAW 56 (SC)

SUCHITRA SAIKIA v. STATE OF ASSAM

2015-01-13

JAGDISH SINGH KHEHAR, S.A.BOBDE

body2015
ORDER Civil Appeal @SLP(C) No. 225/2013 The petitioners were appointed to the Nowboicha College in District Lakhimpur, in the State of Assam, as Lecturers in Political Science and Philosophy on 1.7.1995 (Suchitra Saikia) and 5.3.1998 (Biren Bora). Even thouigh, the aforesaid institution came to be established in 1985, it was brought under the Deficit Grant-in-aid Scheme of the State Government, with effect from 25.3.1998 2. The petitioners claimed the pay scale of Rs. 1785-4200, which was granted to persons similarly situated as the petitioners, working in different private institutions, which had been brought under the Deficit Grant-in-aid Scheme, even though the petitioners were under qualified. This claim of the petitioners was not accepted by the State Government. It is in the aforesaid circumstances, that the petitioners approached the High Court by filing writ petitions under Article 226 of the Constitution of India. While adjudicating upon the controversy, the High Court examined the Government Instructions dated 3.6.1997, relevant extract whereof is being reproduced hereunder: “GOVERNMENT OF ASSAM EDUCATION (HIGHER) DEPTT: DISPUR NO. B(2)H 370/96/28-A Date Dispur: 3rd June 1997 To The Director, Higher Education/Assam, Guwahati-19 Sub: Approval of appointment of under qualified Lecturers in Deficit Colleges Ref: Your Letter No. PC/HE/Col. 31/96/59, dtd. 22.1.97 With reference to the subject cited above, I am directed to say that the Government in the Education Department after careful examination, have decided to approve the services of under qualified lecturers (as per list attached herewith in the scale of pay of Rs. 1785/- (fixed) plus other allowances as admissible as per Rule w.e.f 11.1.96 on humanitarian ground and in the interest of public service subject to the following conditions:- 1) All the teachers will be entitled to enjoy the incremental benefit in the scale of pay of Rs. 1785-4200/- P.M only after obtaining of M.Phil or Ph.D Degree within eight years failing which their services will be terminated automatically. Yours faithfully, sd/- (G.P Phatowali) Joint Secy. to the Govt. of Assam Education Department” 3. A perusal of the aforesaid instructions, specially the list appended thereto, reveals, that the pay scale of Rs. 1785-4200/- P.M only after obtaining of M.Phil or Ph.D Degree within eight years failing which their services will be terminated automatically. Yours faithfully, sd/- (G.P Phatowali) Joint Secy. to the Govt. of Assam Education Department” 3. A perusal of the aforesaid instructions, specially the list appended thereto, reveals, that the pay scale of Rs. 1785-4200 per month, was made available to such of the lecturers, though under qualified, but had been inducted into service prior to 15.12.1988 We were informed that State of Assam had implemented the norms for appointment of lecturers, as had been recommended by the University Grants Commission (for short ‘UGC’), with effect from 15.12.1988 4. While considering the claims of the petitioners, who were admittedly under qualified lecturers, in terms of the UGC norms, the High Court arrived at the firm finding, that the petitioners were not entitled to any benefit under the policy instructions dated 3.6.1997 Be that as it may, the High Court disposed of the writ petitions filed by the petitioners on 3.9.2002, by inter alia observing as under: “9. It is thus clear that the regularization of the services of the writ petitioners in all the three writ petitions at hand cannot be directed relying on the Government Circular dated 3rd June 1997, quoted hereinbefore. The dispute as to whether they are serving in Nowboicha Degree College or Nowboicha Junior College has to be settled first. The petitioners will be entitled to get the benefit of regularization and fixed pay as has been given in the said circular if it is found that they are working in Degree College and not in the Junior college from the date when the Nowboicha Degree College has been brought under Deficit Grant in Aid. The decision in this regard has to be taken by the Respondent Authority after a thorough enquiry as to whether the writ petitioners are working in Nowboicha Degree College, as alleged. If they are so working in the Degree College, as claimed appropriate orders will be passed by the authority giving them the benefit of the circular dated 3rd June, 1997. 10. If they are so working in the Degree College, as claimed appropriate orders will be passed by the authority giving them the benefit of the circular dated 3rd June, 1997. 10. In the result, the writ petitions are disposed of with a direction to the respondent authorities to consider whether the writ petitioners are working in Nowboicha Degree College, and if so, orders be passed regularizing their services at the admissible fixed pay with similar terms and conditions as has been mentioned in the Government Circular dated 3.6.1997 with effect from the date of their college is brought under the Deficit Grant-in-Aid System. The exercise in this behalf be undertaken and completed within a period of 3 months from today.” (emphasis is ours) 4. It is not a matter of dispute, that the above order passed by the High Court on 3.9.2002, was not assailed by either the State of Assam, or any other party. It therefore attained finality, for all intends and purposes, between the parties. 5. Based on the determination rendered by the High Court and the findings recorded in furtherance of the directions issued by the High Court, the petitioners again claimed the pay scale of Rs. 1785-4200 per month, as under qualified lectuers, by expressly asserting that they were employed as lecturers in the Nowboicha Degree College (and not in the Nowboicha Junior College), and further, that their appointment preceded the date on which the Nowboicha Degree College was brought under the Deficit Grant-in-aid Scheme, i.e. 25.3.1998 6. Despite their aforesaid assertions, their claim for the grant of pay scale of Rs. 1785-4200, was not favourably considered. It is in these circumstances, that the petitioners again approached the High Court by filing writ petitions under Article 226 of the Constitution of India. The aforesaid writ petitions were allowed by a learned Single Judge of the Gauhati High Court on 8.8.2008 The order passed by the learned Single Judge was however assailed in an intra court appeal, i.e. by way of a writ appeal. The same was accepted by a Division Bench of the High Court on 19.10.2012. The order passed by the Division Bench of the Gauhati High Court on 19.10.2012 is subject matter of challenge at the hands of the petitioners before this Court. 7. Leave granted. 8. The same was accepted by a Division Bench of the High Court on 19.10.2012. The order passed by the Division Bench of the Gauhati High Court on 19.10.2012 is subject matter of challenge at the hands of the petitioners before this Court. 7. Leave granted. 8. Having given our thoughtful consideration to the entire controversy, we are of the view that it is no longer open to the State Government to assert, that the claim raised by the appellants, would be available to them, only if they satisfied the terms and conditions depicted in the policy instructions dated 3.6.12997 (already extracted above). The instant conclusion rendered by us is based on the order passed by the High Court on 3.9.2002 (paragraphs 9 and 10 whereof have already been extracted hereinabove). The said order having not been assailed at the hands of the parties concerned, the same has attained finality, between the parties. The claim of the appellants for the release of the pay scale extended to under qualified lecturers under the policy instructions dated 3.7.1997, had to be accepted if they fulfilled the stipulation contained in the order passed by the High Court (in paragraphs 9 and 10 extracted above). 9. Having examined the order of the Commissioner & Secretary to the Government of Assam, Education Department, passed in implementation of the order passed by the High Court, it clearly emerges, that one of the appellants came to be appointed on 1.7.1995 (Suchitra Saikia) and the other came to be appointed on 5.3.1998 (Biren Bora). The aforestated report also acknowledges, that both the above appellants were appointed in the Nowboicha Degree College, and were discharging duties in the said college, on the date when the said college was brought under the Deficit Grant-in-aid Scheme, i.e. 25.3.1998 In the above view of the matter, it is apparent that the appellants satisfied all the terms and conditions depicted in the order passed by the High Court on 3.9.2002 10. In the above view of the matter, there was no question of denying them, the pay scale of Rs. 1785-4200 per month, under the policy instructions dated 3.6.1997, read with the order of the High Court dated 3.9.2002 (passed in Writ Petition Nos. 1869 of 1998 and 3327 of 1999). The claim of the appellants is therefore accepted in the above terms. 1785-4200 per month, under the policy instructions dated 3.6.1997, read with the order of the High Court dated 3.9.2002 (passed in Writ Petition Nos. 1869 of 1998 and 3327 of 1999). The claim of the appellants is therefore accepted in the above terms. As a matter of abundant caution, we consider it just and appropriate to record, that the claim of the parties herein, is liable to be accepted only because the order passed by the High Court on 3.9.2002, had attained finality between them with reference to the Nowboicha Degree Collece, in District Lakhimpur, in the State of Assam. And as such it is not open to any of the parties to contest the veracity thereof. In the absence of the order dated 3.9.2002, it may not have been possible for us to extend this relief to them 11. While disposing of the instant appeal, we shall also consider the claim of Ramananda Baruah and Kumud Saikia (respondent nos. 4 and 5 respectively). The report of the Commissioner & Secretary to the Government of Assam, Education Department reveals, that both the aforesaid lecturers who were inducted into the Nowboicha Degree College well before 25.3.1998 The report also indicates, that they continued to discharge their duties at the Nowboicha Degree College till 25.3.1998 That being the position, we are of the view, that Ramananda Baruah and Kumud Saikia are also entitled to the benefit of the pay scale of Rs. 1785-4200 per month, in terms of the policy instructions dated 3.6.1997, read with the order of the High Court dated 3.9.2002 12. The instant appeal is allowed in the aforesaid terms. Civil appeal @ from SLP(C) No. 18589/2013 13. Leave granted. 14. Learned counsel for the parties are agreed, that the controversy raised in the present appeal is squarely covered by the order passed by this Court in the Civil Appeal arising from S.L.P(C) No. 225 of 2013 decided on 13.1.2015.