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2023 DIGILAW 655 (JK)

Sudesh Kumar Gupta, S/o. Sh. Late Wazir Chand Gupta v. Vice Chancellor University of Jammu

2023-10-20

SANJAY DHAR

body2023
JUDGMENT : 1. The petitioner has sought a direction upon the respondents to place him in the pay scale of Rs. 10,000-325-15,200 with effect from 01.01.2000, on the ground that his juniors, namely, Mr. A.K. Mughal, Lab. Assistant now designated as Scientific Officer, Mr. Bhawani Dutt, Photomicrographer now designated as Scientific Officer and Dr. Ashok Sahni, Lab. Assistant now designated as Scientific Officer, have been placed in the aforesaid pay scale with effect from the aforesaid date without according consideration to the case of the petitioner. 2. As per the case of the petitioner, he was appointed as Museum-cum-Lecturer Assistant on 20.04.1972 and he attained superannuation on 31.01.2005 as Museum-cum-Lecturer Assistant in the respondent-University. It is averred that as per the seniority list of technical staff working in the Science Departments of the University of Jammu, the name of the petitioner figured at serial No. 8. It is further averred that in terms of order No. ATM/87/1780-1850 dated 05.02.1987 issued by the respondent-University, the pay scale of the petitioner was revised from Rs. 875-1400 to Rs. 2100-3750. The petitioner along with similarly situated employees of the respondent-University approached this Court by way of a writ petition bearing SWP No. 1272/2000, titled, Tejinder Singh and others vs Vice Chancellor, University of Jammu and others seeking relief that instead of placing them in the pay scale of 2100-3750, they should be granted pay scale of Rs. 2200-4000. During the pendency of the writ petition, the respondent-University placed on record a Notification dated 30.04.2007 wherein it was provided that the employees under the scheme shall be considered for promotion to senior scale post in the category concerned if he has put in not less than 10 years consistent satisfactory service in the initial scale. Similarly, an employee was to be considered for promotion to the selection scale post in the category concerned if he has put in 18 years of consistent satisfactory service. In view of the aforesaid stand of the respondent-University, the said writ petition was dismissed as withdrawn. 3. Similarly, an employee was to be considered for promotion to the selection scale post in the category concerned if he has put in 18 years of consistent satisfactory service. In view of the aforesaid stand of the respondent-University, the said writ petition was dismissed as withdrawn. 3. It is being contended by the petitioner that vide Notification dated 05.06.2007 a clarification was issued that the Revised Career Advancement Scheme to the technical staff of the Science Departments shall have prospective effect, however, the pay shall be fixed notionally from the date an incumbent becomes eligible subject to the screening of the individual cases by the Screening Committee and such notional effect shall not entail any retrospective financial benefit i.e. payment of arrears. According to the petitioner, after the issuance of Clarification dated 05.06.2007 consideration was accorded by the respondent-University to extend the benefit of Notification dated 30.04.2007 to the eligible employees and vide order dated 18.01.2008, three employees, namely, Mr. A. R. Mughal, Lab Assistant, Mr. Bhawani Dutt, Photomicrographer and Dr. Ashok Sahni, Lab Assistant were placed in the pay scale of Rs. 10,000-325-15,200 with effect from 01.02.2000. 4. It is being contended that though case of the petitioner was squarely covered by the clarificatory Notification dated 05.06.2007 and he was entitled to be placed in the pay scale of 10,000-325-15,200 from the date, above-named junior officials were given the benefit of the said scheme, yet he was not considered. It has been submitted that the petitioner made a number of representations to the respondents but without any success. Hence the present writ petition. 5. The respondent-University has filed its reply to the writ petition. In the reply, it has been submitted that the petitioner was granted promotion and placed in the pay scale of Rs. 875-1400 with effect from 27.02.1986 in terms of order dated 28.10.1986. Upon implementation of the UGC prescribed pay scales, the pay scale of the petitioner was revised to Rs. 2100-3750 in terms of order dated 08.03.1988. It is further pleaded that on recommendation of the Screening Committee, the petitioner was placed in the selection scale of Rs. 8000-13500 with effect from 01.02.2001 in terms of Reorganization-Cum Caderization scheme for technical staff of the Science Department. 6. 2100-3750 in terms of order dated 08.03.1988. It is further pleaded that on recommendation of the Screening Committee, the petitioner was placed in the selection scale of Rs. 8000-13500 with effect from 01.02.2001 in terms of Reorganization-Cum Caderization scheme for technical staff of the Science Department. 6. It has been submitted that amended Reorganization-Cum Caderization scheme was notified vide order No. Estab/07/1514-1613 dated 30.04.2007 and a Clarification was issued to the said scheme vide No. Estab/07/3761-831 dated 05.06.2007. It was provided in the amended scheme that the amendment shall have prospective effect and it shall be applicable to the employees who could not avail promotion/ugradation in existing schemes. It has been claimed that the petitioner was placed in the selection scale of Rs. 8000-13500 with effect from 01.02.2001 under the existing Reorganization-Cum Caderization scheme before its amendment. According to the respondent-University, since the petitioner had retired from service on 31.01.2005, therefore, he is not entitled for placement in the pay scale of Rs. 10000-325-15200 in terms of amended scheme. It is being pleaded that case of the petitioner is distinguishable from the case of Sh. A. R. Mughal, Sh. Bhwani Dutt and Dr. Ashok Sahni as they were in service when the higher pay scale was released in their favour in terms of the amended scheme. 7. I have heard learned counsel for the parties and perused the record. 8. The case of the petitioner in brief is that as per the Clarification issued vide Notification dated 05.06.2007 to the Notification dated 30.04.2007, the Revised Career Advancement Scheme to the technical staff of the Science Departments has to apply to the petitioner. In terms of the said Clarification, the pay had to be fixed notionally from the date an incumbent becomes eligible subject to screening of the individual cases by the Screening Committee, though such notational effect would not entail any retrospective financial benefit i.e. payment of arrears. It is being contended by the petitioner that in the case of his juniors, the notional effect of placement in higher pay scale in terms of Revised Career Advancement Scheme was given retrospectively from a date when the petitioner was still in service. On this basis, it is being contended that notional effect was to be given to the Revised Career Advancement Scheme in the case of the petitioner as he was ranking senior to Mr. On this basis, it is being contended that notional effect was to be given to the Revised Career Advancement Scheme in the case of the petitioner as he was ranking senior to Mr. A. R. Mughal and by doing so, he would have been placed in a higher pay scale which in turn would have resulted in fixing of higher pension in his favour. In short, the petitioner contends that vide clarification Notification dated 05.06.2007, retrospective effect had to be given to the Revised Career Advancement Scheme notified vide Notification dated 30.04.2007 on notional basis. 9. In order to test the merits of the submissions made by the learned counsel for the petitioner, it would be apt to quote the relevant clause of Notification dated 30.04.2007 and the Clarification dated 05.06.2007. The relevant amended clause 9 of Notification dated 30.04.2007 reads as under: “9. An employee under this scheme shall be considered for promotion to the senior scale post in the category concerned only, if he has put in not less than 10(ten) years consistently satisfactory service in the initial scale. Likewise an employee shall be considered for promotion to the selection scale posts in the category concerned only, if he has put in total 18 years (both in the initial scale and senior scale taken together) of consistently satisfactory service.” It will also be apt to quote the conditions attached to the aforesaid Notification dated 30.04.2007, which read as under: “the above mentioned amendments in the Statutes/related Scheme shall be subject to the following conditions:- i) The amendments shall have prospective effect. ii) Both the revised Schemes shall be applicable to the employees of both the categories who could not avail promotion/upgradation in their existing schemes due to one or the other reasons. iii) There shall not be any change in the qualification prescribed in the scheme for placement in the senior/selection scale of the incumbent. iv) The seniority of the incumbent shall remain intact on the respective cadre, class and category.” From a perusal of the afore-quoted clauses, it is clear that these amendments are prospective in nature and do not have any retrospective effect. 10. iv) The seniority of the incumbent shall remain intact on the respective cadre, class and category.” From a perusal of the afore-quoted clauses, it is clear that these amendments are prospective in nature and do not have any retrospective effect. 10. The Clarification Notification dated 05.06.2007 reads as under: “Subsequent to the representation made by the Non-Teaching Employees Union and the round of interaction they had with the Vice-Chancellor, and in continuity to this office notification No. Estab/07/1514-1613 dated 30.04.2007 clarification is issued to the extent that the revised Career Advancement Scheme for the Technical Staff of the Science Departments and for the isolated posts shall have prospective effect. However, the pay shall be fixed notionally from the date an incumbent becomes eligible subject to the screening of the individual cases by the Screening Committee and such notional effect shall not entail any retrospective financial benefit i.e. payment of arrears” 11. From a perusal of the aforesaid Notification, it is revealed that it has been made clear that Notification dated 30.04.2007 which provides for Revised Career Advancement Scheme to the technical staff of the Science Departments will have prospective effect. It has, however, been provided that pay would be fixed notionally from the date an incumbent becomes eligible and said notional effect would not entail any retrospective financial benefit, meaning thereby, that the Revised Career Advancement Scheme notified vide Notification dated 30.04.2007 would continue to have prospective effect, but while fixing the pay of the eligible officials, notional effect would be given from the date they become eligible. 12. The plain meaning of this is that the Revised Career Advancement Scheme would apply only to those officials of the respondent-University who are in service as on date of issuance of Notification dated 30.04.2007 or thereafter. Such officials, who are in service as on said date and are eligible under the scheme that is if they have put in 10 years of consistent satisfactory service in the initial scale or if they have put in 18 years of consistent satisfactory service, would be entitled to pay scale under the Revised Career Advancement Scheme from the date they actually become eligible under the said scheme and not from the date of notification of the said scheme. However, it has been made clear that such eligible officials shall not be entitled to any financial benefits on the basis of fixation of their pay scale as per the Revised Career Advancement Scheme from a date on which they actually become eligible for said pay scale in terms of the scheme. There is no manner of doubt in the language used in Notification dated 05.06.2007 that the Revised Career Advancement Scheme would apply only prospectively to those employees who are in service as on date of notification of the said revised scheme. The retrospective notional effect to the revised scheme has been extended only to those employees who were in service as on date of issuance of revised scheme. 13. The petitioner has admittedly retired on 31.01.2005 when the Revised Career Advancement Scheme had not come into operation, therefore, he cannot claim benefit under the said scheme. His case is clearly distinguishable from the cases of Sh. A. R. Mughal, Sh Bhawani Dutt and Dr. Ashok Sahni, who were admittedly in service at the time when the Revised Career Advancement Scheme was notified by the respondent-University. Thus, the respondent-University has rightly accorded the benefit of the revised scheme to afore-named three officials from the dates they actually became eligible for higher scales under the said scheme on notional basis. 14. For the foregoing reasons, I do not find any merit in the instant petition. The same is dismissed accordingly.