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2021 DIGILAW 356 (RAJ)

Alok Vyas v. State of Rajasthan

2021-02-11

SANJEEV PRAKASH SHARMA

body2021
JUDGMENT : Sanjeev Prakash Sharma, J. 1. Heard learned counsels finally at this stage. 2. The petitioner has preferred this writ petition with the following prayer:- "It is, therefore, most humbly prayed that this Hon'ble Court may very graciously be pleased to accept and allow this writ petition and issue and appropriate writ, order or direction or in the nature thereof: (i) to direct the respondent to treat the petitioner equivalent to the Persons (Lecturers) holding M.Tech Qualification in appropriate branch/discipline for the purpose of fixing the pay structure as per the Notification dated 05.03.2010 and not to discriminate between the two qua the Academic Grade Pay; (ii) the Respondents be directed to grant Academic Grade Pay as per Notification date 05.03.2010 of Rs. 6000/- to the Petitioner from the date of his appointment, which is being paid to the Lecturers of Engineering Branch holding Masters Degree, after completion of the probation period; (iii) to direct the respondent not to treat petitioner equivalent to the Persons (Lecturers) holding B.E./B. Tech Qualification in appropriate branch/discipline; (iv) the Office Order dated 30.05.2011 be directed to be modified accordingly wherein the petitioner be granted Grade Pay of Rs. 6000/- as aforestated; (v) any other order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case and in the interest of justice, may also kindly be passed in favour of the petitioner with costs." 3. Learned counsel for the petitioner submits that the qualification for appointment on the post of Lecturer in Science and Humanities as per the All India Council for Technical Education (Pay Scales, Service Conditions and Qualifications For the Teachers and Other Academic Staff in Technical Institutions (diploma) Regulations, 2010 (hereinafter referred to as "the Regulations of 2010") is "First class Masters degree in appropriate subject with first class or equivalent at Bachelor's or Master's level" while the minimum qualification for appointment of Lecturer in Engineering and Technology is "Bachelor's Degree in Engineering/Technology in the relevant branch with First Class or equivalent and if the candidate has a Master's degree in engineering/Technology, first class or equivalent is required at Bachelors or Masters level". 4. 4. The petitioner had completed his Masters Degree (M.Sc) in Chemistry faculty and under the advertisement issued by the RPSC dated 11.05.2007 the petitioner was appointed on 27.01.2009 as a Lecturer in Chemistry Department of Technical Education although the Regulations of AICTE Notification dated 05.03.2010 were not made retrospective. The State Government vide its Notification dated 01.09.2010 made the Rajasthan Civil Services (Revised Pay Scales for Government Polytechnic College Teachers, Librarians and Physical Training Instructor) Rules, 2010 (hereinafter referred to as "the Rules of 2010") retrospective w.e.f. 01.09.2006. Under the Rules of 2010, the Grade Pay of a Lecturer in Engineering was made applicable by the AICTE Notification dated 05.03.2010. However, the State Government has made distinction between the Lecturers (Science and Humanities) working in the Government Polytechnic Colleges and those who are working as Lecturers (Engineering) which has resulted in the petitioner being placed in the Grade Pay of Rs. 5400/- vide order dated 08.09.2011 while Lecturers in Engineering holding Masters Degree have been placed in the Grade Pay of Rs. 6000/-. 5. Learned counsel submits that there is a discrimination per-se between Lecturers appointed in Engineering Wing and Lecturers appointed in Science and Humanities Wing at the same time. While a person who is appointed as Lecturer in Engineering having Masters Degree would be placed in Grade Pay of Rs. 6000/-, relying upon the notification issued by the AICTE dated 05.03.2010, the Lecturers in Science and Humanities like the petitioner who already possesses the Post Graduation Degree would be placed in Grade Pay of 5400/-. 6. Learned counsel submits that such discrimination has been also examined by the Central Administrative Tribunal Principal Bench, New Delhi bearing OA No. 1622/2012 with OA-1827/2012 and the Central Administrative Tribunal has found such a provision is of anomaly and the AICTE had failed to provide unambiguous clarification with regard to the grant of selection grade in relation to the candidates having Masters Degree in Science and Humanities and allowed the Original Applications vide its judgment dated 09.04.2013. 7. Learned counsel appearing for the AICTE has taken this Court to the Notification dated 05.03.2010 and has pointed out that the qualifications for Lecturer in Engineering are different from the qualifications laid down for Lecturer in Humanities. 7. Learned counsel appearing for the AICTE has taken this Court to the Notification dated 05.03.2010 and has pointed out that the qualifications for Lecturer in Engineering are different from the qualifications laid down for Lecturer in Humanities. However, it is an admitted position that so far as the provisions for granting the Grade Pay for Lecturers in Polytechnic are concerned, the AICTE has only mentioned the moving up from AGP Rs. 5400/- to AGP Rs. 6000/- in relation to persons who are holding B.E., B.Tech qualification in appropriate branch/discipline and the provision does not cater to those who are in Science and Humanities. 8. Learned counsel appearing for the State submits that as the AICTE only mentioned about the moving up of the grade pay in relation to Lecturers in Engineering, the State has only provided accordingly and the same is not available to Lecturers in Science and Humanities. Hence, the basic AGP of 5400/- has been rightly granted to the petitioner. 9. I have considered the submissions. 10. A look at Notification dated 05.03.2010 shows that the AICTE has laid down Revised Pay Scales, Service conditions and Career Advancement Scheme for Teachers and Equivalent positions which reads as under:- "The pay structure for different categories of teachers and equivalent positions shall be as indicated below:- (a) Lecturer in Polytechnics (i) Persons with B.E./B.Tech qualification in appropriate branch/discipline either entering the teaching profession newly or Lecturers already in service in Polytechnic Institutions shall be designated as Lecturer and shall be placed in the Pay Band of Rs. 15600-39100 with AGP OF Rs. 5400 and will move to AGP of Rs. 6000 on completion of Masters in qualification in appropriate branch/discipline. (ii) Persons with M.Tech qualification in appropriate branch/discipline either entering the teaching profession newly or Lecturers already in service in Polytechnic Institutions shall be designated as Lecturer and shall be placed in the Pay branch of Rs. 15600-39100 with AGP of Rs. 6000. (iii) A Lecturer with completed service of 4 years, possessing Ph.D Degree in the relevant branch/discipline shall be eligible, for moving up to AGP of Rs. 7000. (iv) A lecturer possessing Masters degree in the relevant branch/discipline as defined for technical education shall be eligible for the AGP of Rs. 7000 after completion of 5 years service as Lecturer. 6000. (iii) A Lecturer with completed service of 4 years, possessing Ph.D Degree in the relevant branch/discipline shall be eligible, for moving up to AGP of Rs. 7000. (iv) A lecturer possessing Masters degree in the relevant branch/discipline as defined for technical education shall be eligible for the AGP of Rs. 7000 after completion of 5 years service as Lecturer. (v) Lecturers who do not have Ph.D or a Master's degree in the relevant branch/discipline of a program shall be eligible for the AGP of Rs. 6000 only after completion of 6 years service as Lecturer. (vi) Lecturers who do not have Ph.D or a Master's degree in the relevant branch/discipline of a program shall be eligible for the AGP of Rs. 7000 only after completion of 9 years' service as Lecturer. (vii) The upward movement from AGP of Rs. 5000 to AGP of Rs. 6000 and from AGP of Rs. 6000 to Rs. 7000 for all Lecturers shall be subject to their satisfying other conditions as laid down by AICTE. (viii) The pay of the incumbents to the posts of Lecturer (senior scale) (i.e. the prerevised scale of Rs. 10,000-15200) shall be fixed at the appropriate stage in Pay Band of Rs. 15600-39100 based on their present pay, with AGP of Rs. 7000. (ix) Lecturers with completed service of 5 years with the AGP of Rs. 7000 shall be eligible, subject to other requirements laid down by the AICTE to move up to the AGP of Rs. 8000 (x) Incumbent Lecturers (Selection Grade) who have completed 3 years in the prerevised pay scale of Rs. 12000-18300 on 1.1.2006 shall be placed (xi) Incumbent Lectures (Selection Grade) who have completed 3 years in the prerevised pay scale of Rs. 12000-18300 on 1.1.2006 shall be placed at the appropriate stage in the Pay band of Rs. 15600-39100 With AGP of Rs. 8000 till they complete 3 years of service in the grade of Lecturer (Selection Grade) and thereafter shall be placed in the higher pay Band of Rs. 37400-67000 and accordingly designated as Lecturers (Selection Grade) (xii) Lecturers (Selection Grade), completing 3 years of teaching with the AGP of Rs. 8000 shall be eligible, subject to other conditions, as may be prescribed by AICTE to move to the Pay Band of Rs. 37400-67000 with AGP of Rs. 9000 (xiii) Posts of HOD shall be in the Pay Band of Rs. 8000 shall be eligible, subject to other conditions, as may be prescribed by AICTE to move to the Pay Band of Rs. 37400-67000 with AGP of Rs. 9000 (xiii) Posts of HOD shall be in the Pay Band of Rs. 37400-67000, with AGP of Rs. 9000. Directly recruited HOD shall be placed in the Pay Band of Rs. 37400-67000 with an AGP of Rs. 9000, at the appropriate stage in the Pay Band in terms of the conditions of appointment. (xiv) Head of Department (HOD) completing 3 years of service in the AGP of Rs. 9000 and possessing a PH.d, degree in the relevant discipline shall be eligible, subject to other conditions of academic performance as laid down by the AICTE, shall be place in Rs. 37400-67000 with AGP of Rs. 10000. (xv) For initial direct recruitment at the level of Lecturers, HOD and Principal, the eligibility conditions in respect of academic and research requirements shall be as may be or have been prescribed by the AICTE, through Regulations. (xvi) All advancements to higher grade pay in various cadres will be effected subject to completion of two AICTE approved refresher programs of not less than two weeks duration each and two one week each TEQIP sponsored programs." 11. It is apparent that while the person who is having B.E./B.Tech qualification would acquire Masters Qualification will move to AGP of Rs. 6000/- from Rs. 5400/-. There is no mentioning relating to Lecturers in Science and Humanities in a(i) however, on reading Clauses iii & iv (supra), it is apparent that a Lecturer in any faculty who possesses Ph.D Degree shall be eligible for moving to AGP 7000/- or who has completed five years as Lecturer would also be eligible for AGP of Rs. 7000/-. Thus, here there is no distinction between Lecturer (Science & Humanities) and Lecturer (Engineering) who have done Ph.D or who have completed five years. 12. Thus, while Clauses (i) & (ii) only cater to the B.Tech, M.Tech qualifications, subsequent Clauses (iii) & (iv) do cater to all the Lecturers. Similarly Clause (v) also mentions of grant of AGP of Rs. 6000/- to those who do not possess Ph.D or Masters Degree on completion of six years as Lecturer. A natural corollary upon reading the aforesaid shows that a candidate who possesses Masters Degree would be entitled to AGP of Rs. Similarly Clause (v) also mentions of grant of AGP of Rs. 6000/- to those who do not possess Ph.D or Masters Degree on completion of six years as Lecturer. A natural corollary upon reading the aforesaid shows that a candidate who possesses Masters Degree would be entitled to AGP of Rs. 6000/- be it from engineering in Science and Humanities. 13. Thus, the Scheme of AICTE clearly depicts that those Lecturers who possess Post Graduation qualification would be placed in the AGP of Rs. 6000/- and while those who did not possess Masters Degree would be placed in AGP of Rs. 5400/-. Moreover those Lecturers who completed four years of service and possess Ph.D Degree would be further allowed to move to AGP of Rs. 7000/-. The contention of respondents that the AICTE regulations would only relate to Lecturers in Engineering alone is found to be thus, misconceived. 14. The AICTE Regulations would govern all the Lecturers who are working in Technical Institutions (Diploma) as the notification title is Rajasthan Civil Services (Revised Pay Scales for Government Polytechnic College Teachers, Librarians and Physical Training Institutions) Rules, 2010. Since the State has complied with the said AICTE Regulations to come into force w.e.f. 01.09.2006, the petitioner would be entitled to the said benefit as he was appointed in 2009. Accordingly, this Court finds that the action of the respondents in placing the petitioner in grade pay of Rs. 5400/- instead of grade pay of Rs. 6000/- is unjustified and goes contrary to the scheme of the Notification (supra). Accordingly, the order dated 08.09.2011 is set aside with directions to the State to modify the grade pay of the petitioner to Rs. 6000/- and further as it is informed that the petitioner has completed his Ph.D, he would be also entitled for grant of higher grade pay of Rs. 7000/- on completion of four years of service as provided under the Notification dated 05.03.2010. Appropriate compliance of this order in this regard shall be made within a period of two months henceforth and arrears shall be accordingly released. 15. The writ petition is accordingly allowed. If there is a delay in releasing the amount, the interest @6% per annum shall also be released which shall be recoverable from the concerned Officer who has delayed in compliance of the order. 16. All pending applications shall also stand disposed of. No costs.