Madhya Pradesh High Court
Basant Kumar Chourasia vs The State Of Madhya Pradesh on 13 April, 2023
Author: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 13 th OF APRIL, 2023
WRIT PETITION No. 18381 of 2016
BETWEEN:-
1. BASANT KUMAR CHOURASIA S/O LATE SHRI S.L.
CHOURASIA, AGED ABOUT 49 YEARS, R/O E/6
STAFF COLONY, JABALPUR ENGINEERING
COLLEGE GOKALPUR, JABALPUR (MADHYA
PRADESH)
2. PRABHAT PATEL S/O SHRI R.L PATEL, AGED
ABOUT 44 YEARS, R/O D-42 MUSKAN CITY
BEHIND VIKRAMDITYA COLEGE NEAR EKTA
CHOWK VIJAY NAGR, JABALPUR (MADHYA
PRADESH)
3. DR. RANJANA SINGH D/O SHRI K.K NIGAM, AGED
ABOUT 56 YEARS, AP 15 STAFF COLONY JABALUR
ENGINEERING COLLEGE GOKALPUR, JABALPUR
(MADHYA PRADESH)
4. DR. ANIL KUMAR KORI S/O LATE SHRI B.P KORI,
AGED ABOUT 50 YEARS, 1083 SANJEEVANI NAGAR
GARHA, JABALPUR (MADHYA PRADESH)
.....PETITIONERS
(BY SHRI ANOOP NAIR - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE SECRETARY DEPARTMENT OF TECHNICAL
EDUCATION AND SKILL DEVELOPMENT
MANTRALAYA, VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
2. DIRECTOR, TECHNICAL EDUCATION AND
MANPOWER PLANNING DEPARTMENT SATPURA
Signature Not Verified
SAN
BHAWAN BHOPAL (MADHYA PRADESH)
Digitally signed by TULSA SINGH
Date: 2023.04.13 18:43:48 IST
3. PJABALPUR ENGINEERING COLLEGE JABALPUR,
THROUGH ITS PRINCIPAL (MADHYA PRADESH)
2
4. THE PRINCIPAL JABLAPUR ENGINEERING
COLLEGE JABALPUR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI VIJAY KUMAR SHUKLA - PANEL LAWYER)
This petition coming on for admission this day, th e court passed the
following:
ORDER
In the present petition filed under Article 226 of the Constitution of India,
the petitioners have challenged the order by which the salary of the petitioners
have been re-fixed at lower pay scale by reducing the incentive granted to the
petitioner in view of All India Council for Technical Education (Pay Scales,
Services Conditions and Qualifications for the Teachers and other Academic
Staff in Technical Institutions Degree) Regulations, 2010.
The petitioners have sought quashing of the orders dated 04/01/2016
and 18/01/2016. The petitioners are working with the respondent no.3 on the
post of Professors. They were promoted to the post of Associate Professor
and their pay scales were fixed in the pay scale of Rs.37400-6700+9000/-.
Thereafter, on completion of Ph.D. the petitioners were granted three additional
increments as incentive. As per regulation 2010 vide notification dated
25.11.2011 issued by the State Government their salaries were re-fixed in the
pay scale of Rs.51430+Grade Pay 9000=60430/-.
The aforesaid regulations of 2010 was adopted by the State Government
by order dated 14.09.2010. The AICTE has issued a notification dated
06.01.2016 whereby, certain clarifications with regard to the regulation 2010
Signature Not Verified
were issued. In pursuant to the aforesaid clarifications of 2016, the respondent
SAN
no.3 passed the impugned order, whereby, the salary of the petitioners have
Digitally signed by TULSA SINGH
Date: 2023.04.13 18:43:48 IST
been re-fixed in a lower pay scale by reducing three non-compounded
increments by order dated 25.10.2016.
Petitioners' contention is that they all acquired respective Ph.D. degrees
starting from the 2010 to 2015. They were granted benefit of advance
increments in terms of the AICTE circular issued in this behalf.
Vide notification dated 4th January, 2016 it was clarified that increment
will be drawn only in the pay scale of Rs.15,600-39,100/- (PB-3) and not in the
PB-4 (Rs.37400-67000). It is submitted that this notification was to be made
applicable from the date of publication in the official gazette i.e. 4th January,
2016. This issue was further clarified by the AICTE by issuing another gazette
notification dated 20th May, 2020 wherein it is clarified that notification dated
4th January, 2016 will be applicable for those who acquired Ph.D. degree after
the date of publication of AICTE clarification dated 4th January, 2016.
Learned counsel for the petitioners submits that the issue involved in the
present case has already been decided by the co-ordinate bench of this court at
Principal Seat Jabalpur in Dr.D.R Dubey and Ors Vs. State of MP and Ors
passed in WP No.16493/2016 by order dated 19.09.2022. In view of such
facts, it is submitted that this Court has decided several writ petitions and has
held that increment granted in favour of the petitioners cannot be withdrawn.
He has referred para 11 of the said order which reads as under:-
"11 . In the considered view of this Court, the issue is no more
res integra, after decision of the High Court of Delhi in Dr. Shiv
Ratan Singh & anr. (supra) upon issuance of the notification
dated 20-5-2020 by the AICTE contained in Annexure-A/1 with I.A.
Signature Not Verified
SAN
No.1306/2022 filed in W.P. No.20653/2016. The AICTE in
Digitally signed by TULSA SINGH
Date: 2023.04.13 18:43:48 IST
unequivocal terms has clarified that the notification dated 4-01-2016
has no retrospective effect, and the same shall have no bearing to the
cases where employees have obtained their Ph.D. degrees prior to
cut off date. Accordingly, the Delhi High Court while taking note of
the notification dated 20-5-2020 has already held that the same has
no retrospective effect."
The aforesaid petition was allowed and the impugned orders were
quashed. It was further directed that if any recovery is carried out from the
petitioners pursuant to the impugned orders, the same shall be refunded to the
petitioners within the period of 90 days from the date of production of a copy
of the order.
After hearing learned counsel for the parties, this Court finds that the
present petition is squarely covered by the judgment passed by this court in the
case of Dr.D.R. Dubey (supra) and as a consequence, the present writ
petition is allowed and the impugned orders dated 18/01/2016 (Annexure-P/4)
and 25/10/2016 (Annexure-P/5) are quashed.
(VIVEK AGARWAL)
JUDGE
ts
Signature Not Verified
SAN
Digitally signed by TULSA SINGH
Date: 2023.04.13 18:43:48 IST
