Gujarat High Court
Nidatt Prabhudas Barot vs State Of Gujarat on 24 January, 2022
Bench: A.S. Supehia
C/SCA/14855/2021 ORDER DATED: 24/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14855 of 2021
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NIDATT PRABHUDAS BAROT
Versus
STATE OF GUJARAT
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Appearance:
MR MEET A SHAH(9933) for the Petitioner(s) No. 1
MR HARDIK MEHTA, AGP for the Respondent(s) No. 1,2
MRS SUMAN KHARE(2226) for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 24/01/2022
ORAL ORDER
1. RULE. Learned advocates appear and waive service of
notice of rule on behalf of the respective respondents.
2. Since a short issue is involved in the writ petition, the
same is heard and finally decided today.
3. By this writ petition, the petitioner has, inter alia, prayed
for the following reliefs -
"10 (B) This Hon'ble Court may be pleased to quash and
set-aside the impugned action of placing the petitioner in
lower pay-scale prescribed in Level 13A (Academic Grade pay
of Rs.9,000/-) by respondents and be pleased to declare that
the petitioner is entitled for pay scale prescribed in the Level
14(Academic Grade pay of Rs.10,000/-) of the Scheme of UGC
dated 02.11.2017;
(C)This Hon'ble Court be pleased to issue a writ of mandamus
and/or certiorari or a writ in the nature of mandamus and /or
certiorari or any other appropriate writ, order, or directions to
respondents to place / continue the petitioner in pay-scale of
Level 14 prescribed in the UGC scheme dated 02.11.2017 i.e.
Rs.37,400 - 67,000 (Pay Band) + Rs.10,000/- (Academic
Grade Pay_ forthwith and further be pleased to direct the
respondents to make payment of arrears along with all the
consequential benefits with interest at the rate of 12% per
annum."
4. It is the case of the petitioner that he is reduced from the
grade pay of Rs.10,000/- to Rs.9,000/- by misinterpreting the
C/SCA/14855/2021 ORDER DATED: 24/01/2022
Notification / Scheme dated 02.11.2017 issued by the Ministry
of Human Resource Development, Department of Higher
Education, Government of India, New Delhi.
5. The brief facts giving rise to the present petition are as
under.
5.1 The petitioner started his academic career as Assistant
Professor in T.N. Rao College of Teacher Education affiliated to
Saurasthra University and served therein from 24.08.2002 to
13.02.2008. He served as a Principal in Smt. R.D. Gardi College
of Education from 14.02.2008 to 09.04.2008 and T.N.Rao
College of Teacher Education from 10.04.2008 to 18.01.2013.
Thereafter, the petitioner served as Pro-Vice Chancellor of the
Hemchandracharya North Gujarat University from 19.01.2013
to 16.09.2013. The petitioner served as Principal in T.N.Rao
College of teacher Education from 17.09.2013 to 06.10.2017. It
is pertinent to note that the petitioner drew the salary, as per
pay-scale of Rs.37400-67000 [Pay Band] + Rs.10,00/-
(Academic Grade Pay) since his appointment as Principal in
Smt. R.D.Gardi College of Education from 14.02.2008.
5.2 Upon the vacancy of post of Principal in the Institute of
Language Teaching B.Ed. (English Medium) College, a grant-in-
aid B.Ed. College, the management issued an advertisement
inviting the applications for the post of Principal. The
management also issued an "No Objection Certificate" dated
09.07.2015 to the petitioner. Thereafter, the petitioner was
appointed as a Principal vide appointment order dated
06.10.2017 in the Institute of Language Teaching B.Ed.
(English Medium) College affiliated to the Indian Institute of
C/SCA/14855/2021 ORDER DATED: 24/01/2022
Teachers Education University (previously affiliated with the
'Saurashtra University').
5.3 As per the University Grants Commission Regulations,
2010, the pay-scale of Rs.37400-67000 (Pay Band) +
Rs.10,000 (Academic Grade Pay) was granted to the petitioner
at the time of his appointment. The appointment of the
petitioner as Principal was pre-sanctioned by the Saurashtra
University and Commissioner of Higher Education vide orders
dated 21.09.2017 and 05.10.2017 respectively. The
appointment of the petitioner was sanctioned by the
Commissioner of Higher Education vide order dated
09.11.2017 with the pay-scale of Rs.37400-67000/- (Pay Band)
+ Rs.10,000/- (Academic Grade Pay).
5.4 The University Grants Commissioner vide scheme dated
02.11.2017 revised the pay-scales of teachers and equivalent
academic staff as per the recommendations of the 7th Pay
Commission. It is stated in clause No.4(i) of the said scheme
that the pay of Principals of Undergraduate College shall be
equivalent to the pay of Associate Professor having Academic
Level 13A and so far, the pay of Principals of Post-Graduate
College is concerned, their pay shall be equivalent to the pay
of Professor having Academic Level 14. The Academic Level
13A prescribes the entry pay of Rs.49,200/- and Academic
Grade pay of Rs.9,000/-, which is equivalent to Associate
Professor, whereas Academic Level 14 prescribes the entry pay
of Rs.53,000/- and Academic Grade Pay of Rs.10,000/-, which is
equivalent to Professor. The UGC issued a Corrigendum dated
08.11.2017 to Scheme dated 02.11.2017.
C/SCA/14855/2021 ORDER DATED: 24/01/2022
5.5 The respondent No.1 vide Government Resolution dated
01.02.2019 extended the benefits of revision of pay-scale as
recommended by 7th Pay Commission to the employees of the
State Government and Grant-in-Aid colleges and accepted the
scheme of the UGC dated 02.11.2017.
5.6 The respondent No.1 issued a clarificatory Government
Resolution dated 01.07.2019, whereby it has been made clear
that when new recruitment process is undertaken, the
Principals (Undergraduate College) shall be entitled for Level
13A entry pay of Rs.1,31,400/-.
6. Learned advocate Mr.Meet Shah appearing for the
petitioner has submitted that the petitioner was placed in the
grade pay of Rs.10,000/-, which can be seen from his pay-slip
of 30.11.2019, but subsequently, on 31.12.2019, though the
name of the petitioner figures in the Level 14, his grade pay is
reduced from Rs.10,000/- to Rs.9,000/-. It is submitted by him
that the Resolution issued by the State Government dated
01.07.2019 cannot be made effective retrospectively. He has
submitted that in paragraph No.2 of the resolution on the
contrary reveals that the same is made applicable to all the
Principles, who are in service as on 01.01.2016 and the grade
pay, which has to be fixed as per the Level 13A of the UGC
guidelines, is made applicable to the fresh appointees only,
who are appointed after the year 2019. Thus, he has submitted
that in view of the note below Regulation / Clause-4 of the
Notification dated 02.11.2017, the pay-scale of the petitioner,
who was serving as a Principal was required to be protected
and hence, this petition may be allowed. Learned advocate
Mr.Meet Shah, in support of his submissions, has placed
reliance on the judgment in the case of the Punjab State
C/SCA/14855/2021 ORDER DATED: 24/01/2022
Cooperative Agricultural Development Bank Ltd., Vs. The
Registrar, Cooperative Societies and Ors., recorded on Civil
Appeal Nos.297-298 of 2022 and allied matters.
7. In response to the aforesaid submissions, learned
Assistant Government Pleader Mr.Mehta, while placing reliance
on the affidavit filed by the respondent authority has
submitted that since the petitioner was appointed in the
Institute of Language Teaching (at Jamnagar) on 07.10.2017
and before that since he has served in various colleges, in
which, the rules and regulations of the State Government were
not applicable his grade pay was fixed as per the resolution
dated 01.07.2019. It is submitted by Mr.Mehta, that 7 th Pay
Commission was given effect from 01.02.2019 and it has been
mentioned that Principal / Appointees who are appointed after
01.01.2016, their pay shall be fixed as per the Level 13A, as
per the Notification / Scheme dated 02.11.2017. Thus, he has
submitted that the grade pay of the petitioner has been
precisely fixed at Rs.9,000/- and hence, the writ petition may
not be entertained.
8. Learned advocate Mr.Khare appearing for the respondent
No.3 has submitted that the State Government has to follow
the resolution dated 02.11.2017 for fixation of the pay scale of
the petitioner. He has submitted that the aforesaid
Notification/ Scheme was made effective from 01.01.2016 and
the same clarifies that 'existing pay scale of the person
appointed as Principal shall be protected'.
9. I have heard learned advocates appearing for the
respective parties.
C/SCA/14855/2021 ORDER DATED: 24/01/2022
10. The facts as narrated hereinabove are not in dispute.
However, the dispute is with regard to fixation of the grade pay
of the petitioner from Rs.9,000/- instead of Rs.10,000/-. It is not
in dispute that the petitioner was in the grade of Rs.10,000/- at
the time of his appointment and prior to that also. In the
scheme / notification was issued by the Central Government on
02.11.2017, which is adopted by the State Government, it was
decided to give the pay-scale or revised the pay-scale of the
Central Government Employees on the recommendation of 7 th
Central Pay Commission. The relevant entry pay level were
revised as below.
Level Academic Grade Pay Entry Pay (Rs.)
10 6,000 21,600
11 7,000 25,790
12 8,000 29.900
13A 9,000 49,200
14 10,000 53,000
15 - 67,000
11. The afore-noted statement would suggest that the grade
pay of level 13A is fixed as Rs.9,000/-, whereas Level 14 has
been fixed at Rs.10,000/-. The petitioner undoubtedly was in
the grade of Rs.10,000/- when he was appointed in the grant-
in-aid Institute at Jamangar on 07.10.2017. At this stage, it
would be pertinent to note that the provisions pertaining to the
revised pay of Principals in colleges, as incorporated in the
aforesaid scheme, reads as under.
C/SCA/14855/2021 ORDER DATED: 24/01/2022
"4. Revised pay of Principals in Colleges
The pay of Principals in Under Graduate and Post
Graduate Colleges shall be :
(i) Under Graduate Colleges : the pay of Principals shall be
equivalent to the pay of Associate Professor i.e. Academic
Level 13A with rationalized entry pay of Rs.1,31,400/-,
with the existing special allowance of Rs.2000/- per
month.
(ii)Post Graduate Colleges : The pay of Principals shall be
equivalent to the pay of Professor i.e. at level Academic
Level 14 with rationalized entry pay of Rs.1,44,200/-, with
the existing special allowance of Rs.3,000/- per month.
Note : (I) The existing pay scale of person appointed as
Principal shall be protected.
(ii)Principals would continue to have lien in their main
academic post where they would continue to get notional
promotions while they are functioning as principals. After
completion of their tenure as principals, they would go
back to their academic post and draw salary due in such
respective academic posts, and would not continue to
have the Principals' pay.
7. Date of Implementation
The date of implementation of the above revised pay
shall be 1st January, 2016."
12. The note below Regulation/ Clause 4 reads "the existing
pay scale of person appointed as Principal shall be protected".
The date of implementation of Regulation 7 indicates that the
same shall be made applicable from 01.01.2016. Accordingly,
the pay of the petitioner was fixed and as the pay bill of
30.11.2019 (Annexure-I) would reflect that the grade pay of
the petitioner was fixed at Rs.10,000/- however, in the
subsequent pay bill on 31.12.2019 though the name of the
petitioner figures at Level-14, his grade has been reduced. As
noted hereinabove, Level-14 of the scheme, specifies the
grade of Rs.10,000/-, however the respondent authorities
though, while maintaining the level of the petitioner at Level-
14 has reduced the grade pay from Rs.10,000/- to Rs.9,000/-.
C/SCA/14855/2021 ORDER DATED: 24/01/2022
13. Thus, there appears to be apparent anomaly in fixing the
grade pay of the petitioner from Rs.10,000/- to Rs.9,000/- even
after maintaining Level-14. The respondent authorities have
interpreted resolution dated 01.07.2019 issued by the
Education Department, while placing him in the grade pay of
the petitioner of Rs.9,000/-. The entire issue raised in the
petition, hinges on paragraph No.2 of the Resolution dated
01.07.2019, the same reads as under -
"(2) As on 01/01/2016, Level - 14, Entry Pay -
1,44,200/- in the Seventh Pay Commission shall be
granted to the principal (UG College) in service against
the Pay Scale Rs.37400 - 67000, Grade Pay - 10000 in
the Sixth Pay Commission. However, at the time of the
new recruitment, Level - 13A, Entry Pay - 1,31,400/- shall
be admissible to the principal (UG College) ."
14. A plain and simple reading of the aforesaid paragraph
indicates that the Principals, who were working as such as on
01.01.2016 their grade pay is required to be fixed to
Rs.10,000/- in 7th Pay Commission at Level-14, however it is
categorically mentioned that for new appointees, their pay and
grade pay has to fix per the Level-13A of the scheme
introduced by the Central Government. It is the case of the
respondent authorities that since the petitioner was appointed
on 07.10.2017, his grade pay is required to be fixed as per
Level-13A, having grade of Rs.9,000/-. Thus, there appears to
be clear misinterpretation of the Resolution dated 01.07.2019
by the respondent authorities, in misreading the paragraph
No.2 of the Resolution dated 01.07.2019. The respondent
authorities have apparently ignored the note below Regulation
4 of the scheme / notification dated 02.11.2017, which
stipulates that the existing pay-scale of the person appointed
as Principal shall be protected. Once there is a specific clause
C/SCA/14855/2021 ORDER DATED: 24/01/2022
made in the scheme with regard to protection of pay of the
Principal, the pay of the petitioner, who was working as
Principal having grade pay of Rs.10,000/- as on the
promulgation of the scheme i.e. on 01.01.2016, and on his
date of appointment could not have been reduced from Level-
14 to Level-13A, i.e to Rs.9,000/- from Rs.10,000/-. The
Resolution dated 01.07.2019 does not in any manner reveals
that it is having retrospective effect, but it can be read and is
required to be interpreted that the Principals, who are
appointed after the issuance of the Resolution dated
01.07.2019 can be placed in Level-13A in the entry of
Rs.1,31,400/- having grade pay of Rs.9000/-. Thus, the action
of the respondent authorities placing the petitioner in the
grade of Rs.9,000/- instead of Rs.10,000/- is hereby quashed
and set aside. The respondents are directed to fix the pay
grade of the petitioner at Level-14 at Rs.10,000/-. It is not in
dispute that the level of the petitioner has not been altered
from Level-14 to Level-13A and the same still remains as such
and hence, when Level-14 is maintained, the corresponding
grade pay, as per the scheme, is Rs.10,000/-, is required to be
fixed.
15. Necessary orders re-fixing the grade pay of the petitioner
at Rs.10,000/- and payment of arrears shall be passed within a
period of one month from the receipt of writ of this order.
16 In view of the foregoing reasons and analysis, the present
petition is allowed. Rule is made absolute to the aforesaid
extent.
17. Mr.Meet Shah, learned advocate for the petitioner, after
C/SCA/14855/2021 ORDER DATED: 24/01/2022
the judgment was dictated, has submitted that leave may be
reserved in favour of the petitioner to file appropriate
representation for claiming interest after the receipt of the
amount.
18. The request is acceded to. It will be open for the
petitioner to file appropriate representation claiming interest.
(A. S. SUPEHIA, J)
MAHESH BHATI/44
