Calcutta High Court (Appellete Side)
Ct. 238 vs The State Of West Bengal & Ors on 18 January, 2023
48 18-01-2023
AKG WPA 13791 of 2021
Dr. Jhantu Das
Ct. 238 Vs.
The State of West Bengal & Ors.
Mr. Subhrangsu Panda,
Ms. Mithu Singha Mahapatra
...for the Petitioner
Mr. Anil Kr. Gupta
...for UGC
Mr. Swpan Kumar Datta
...for the State
Mr. Abhishek Halder,
Mr. Swadesh Misra,
Mr. Madhurima Basu
...for the Respondent Nos. 7 & 8
In this writ petition, the petitioner has challenged
an order dated February 10, 2020 passed by the Director
of Public Instruction, Government of West Bengal. By the
said order, the Director of Public Instruction opined that
there was no scope for extending the benefit of hardship
under Clause 2.8.0 of UGC Regulations, 2000 in favour of
the petitioner. The prayer of the petitioner was,
therefore, rejected.
The writ petitioner prays that he should be
promoted on attaining his Ph.D qualification subsequent
to his appointment following the said Clause 2.8.0 of
UGC Regulations, 2000 which runs as follows :-
"If the number of years required in a
feeder cadre are less than those stipulated in
this notification, thus entailing hardship to those
who have completed more than the total number
of years in their entire service for eligibility in the
cadre; may be placed in the next higher cadre
after adjusting the total number of years.
This situation is likely to arise as in the
earlier scheme, the number of years required in
a feeder cadre were much more than those
envisaged under this notification."
Mr. Panda, learned advocate appearing for the
petitioner submits that the issue involved in this writ
petition is no more res integra in view of the judgment
delivered by a Co-ordinate Bench of this Court in W.P.
21949(W) of 2015 (Dr. Sachindra Nath Paul Vs. State &
Ors.).
The University Grant Commission was directed to
file an affidavit disclosing its stand in connection with
this case with regard to the prayer of the petitioner. The
relevant part of the affidavit filed by the UGC is quoted
below :-
"It is stated that since the Petitioner has
obtained his Ph.D. degree on 11.11.2009 i.e.,
within nine years of service calculated from his
date of his appointment as Lecturer i.e., on
28.03.2001; his next career advancement to the
post of Reader should be considered on the
basis of the total length of his service from the
date of his appointment as Lecturer. The
hardship Clause 2.8.0 stated above provides for
such an eventuality.,
In view of the same it is stated that
Petitioner is entitled to be promoted to Stage 1 to
Stage II after completion of four years of service
on attainment of Ph.D. qualification subsequent
to his appointment taking recourse to Clause
2.8.0 of UGC Regulations, 2000 regarding
"Minimum Qualifications for Appointment and
Career Advancement of Teachers in Universities
and Colleges.
It is further submitted that obtaining
higher qualification subsequent to the
appointment to one post would not impede the
career advancement. Rather, it would assist in
the career advancement by allowing the period
of service spent taken into consideration."
The Co-ordinate Bench in the judgment delivered
in Dr. Sachindra Nath Paul (Supra) has held, inter alia,
as follows :-
"Clause 2.8.0 is the hardship Clause.
The hardship Clause seeks to ameliorate the
grievance of a person who obtains a higher
qualification subsequently. It recognizes that
in such as a situation the entire period of
service of such person would be taken into
consideration for the purpose of considering
the grant of promotion of such person to the
next post.
A Lecturer to move into the post of
Lecturer (Senior Scale) would require a Ph.D
degree within four years, a person with a M.
Phil degree will have Lecturer (Senior Scale)
post in five years, while a person with other
level of qualification will require six years
time. However, the hardship Clause takes into
account that a person may obtain a Ph.D. or a
M.Phil in the interregnum. The obtaining of
the higher qualification subsequent to the
appointment to one post would not impede the
career advancement. Rather it would assist
in the career advancement by allowing the
period of service spent to be taken into
consideration. Without the hardship Clause
coming into operation, and if the interpretation
of the State is to be accepted, then a Lecturer
with a m.phil and without a Ph.D. degree has
to wait for 5 years to move to Lecturer (Senior
Scale) and not to be advanced to the post of
Reader on Promotion at all. However, such
person may obtain a Ph.D degree 5 years
subsequent to his appointment as a Lecturer.
Then, in terms of the hardship Clause, he
would be given the appointment of a Lecturer
(Senior Scale) on the date of obtaining of his
Ph.D degree as he had till the date of his
obtaining the Ph.D. spent more time than
required under the U.G.C. Regulation in the
post of Lecturer to advance to the post of
Lecturer (Senior Scale). His next career
advancement to the post of Reader would be
considered on the basis of the total length of
his service from the date of his appointment
as a Lecturer. The hardship Clause provides
for such an eventuality. The hardship Clause
also notifies that the previous notification of
U.G.C. had prescribed other periods of time for
career advancement. Therefore, to bring
about an uniformity in career advancement
and in order to prevent hardship to the
persons affected, the hardship Clause has
been introduced."
In view of the aforesaid findings of the Co-ordinate
Bench and also the stand of the UGC as quoted above,
the petitioner should be given the similar benefit.
Accordingly, this writ petition being WPA 6698
of 2021 is allowed. Order dated February 10, 2020
passed by the Director of Public Instruction, Government
of West Bengal is set aside. The Director of Public
Instruction shall grant the promotion and all
consequential financial benefits to the petitioner in the
light of the judgment dated September 17, 2019 rendered
in W.P. 21949(W) of 2015 (Dr. Sachindra Nath Paul Vs.
State & Ors.) within one month from the date of
communication of this order.
Urgent photostat certified copy of this order, if
applied for, be supplied to the parties expeditiously on
compliance of usual legal formalities.
(Kausik Chanda, J.)
