Ashutosh Partheshwar vs The State Of Bihar
2024 Latest Caselaw 5251 Patna

Patna High Court

Ashutosh Partheshwar vs The State Of Bihar on 6 August, 2024

Author: Anil Kumar Sinha

Bench: Anil Kumar Sinha

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.9285 of 2015
     ======================================================
1.    Ashutosh Partheshwar Son of Sri Ramanuj Singh, resident of Mohalla-
      Bhagwati Colony, Hajipur, Vaishali, P.S.- Hajipur, District- Vaishali.
2.   Md. Iqbaluz Zafar, Son of Md. Sahabuddin Ahmad, Resident of Mohalla-
     New Ajimabad Colony, P.S.- Sultanganj, District- Patna.

                                                                ... ... Petitioner/s
                                      Versus
1.   The State of Bihar through the Principal Secretary, Department of
     Education, Government of Bihar, New Secretariat, Patna.
2.   The Principal Secretary, Department of Education, Government of Bihar,
     New Secretariat, Patna.
3.   The Secretary, Department of Education Government of Bihar, New
     Secretariat, Patna.
4.   The Director Department of Education, Higher Education, Government of
     Bihar, New Secretariat, Patna.
5.   The Magadh University through its Registrar, Bodh Gaya, Gaya.
6.   The Vice-Chancellor, Magadh University, Bodh Gaya, Gaya.
7.   The Registrar Magadh University, Bodh Gaya, Gaya.
8.   The Governing Body, Oriental College, Patna City through its Secretary.
9.   The Principal Oriental College, Patna City.
10. The Patliputra University through its Registrar.
11. The Vice Chancellor, Patliputra University, Patna.
12. The Registrar, Patliputra University, Patna.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr.Virendra Prasad, Advocate
     For the Respondent/s   :      Mr.Gp32
                                   Mr. Rana Vikram Singh, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
     ORAL JUDGMENT
      Date : 06-08-2024

            1. The petitioners have filed the present writ application for

      grant of benefit of three advanced increment pursuant to the

      scheme of the Government of India & U.G.C. on the ground that

      petitioners obtained Ph.D. degree during service period.
 Patna High Court CWJC No.9285 of 2015 dt.06-08-2024
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               2. The petitioner no. 1 was appointed as Lecturer in the

         Department of Hindi, Oriental College, Patna City on

         26.04.2007

and the petitioner no. 2 was appointed as Lecturer in

the Department of Mathematics, Oriental College, Patna City on

26.04.2007.

3. Learned counsel for the petitioners submits that

Government of India, Ministry of Human Resources

Development Department came out with a scheme on

31.12.2008 regarding revision of pay of teachers and equivalent

cadres in Universities and Colleges on the recommendation of

the 6th Central Pay Commission. Clause 7 of the Government

decision deals with incentives for Ph.D. / M.Phil. Sub-clause

(iv) of Clause 7 says that teachers who complete their Ph.D.

degree while in service shall be entitled to three non-

compounded increments if such Ph.D. is in the relevant

discipline and has been awarded by a University complying

with the process prescribed by the U.G.C. for enrollment,

course-work and evaluation etc.

4. The case of petitioners is that they have completed their

Ph.D. as per the norms prescribed by the U.G.C. and complied

with the requirement of registration, submission of thesis, viva-

voce etc. Patna High Court CWJC No.9285 of 2015 dt.06-08-2024

5. In pursuance of the Government Resolution dated

31.12.2008 the U.G.C. came out with regulations on 30th June,

2010 and regulation 9.0 deals with incentives for Ph.D. / M.Phil.

and other higher qualification to be applicable w.e.f. 01.09.2008.

9.4(i) of the said notification says that teachers who complete

their Ph.D. degree while in service shall be entitled to three non-

compounded increments if such Ph.D. is in a relevant discipline

of the discipline of employment and has been awarded by a

University complying with the process prescribed by the

U.G.C. for enrolment, course work, evaluation etc. It is the case

of the petitioners that they have completed the Ph.D. in their

respective subjects of Hindi and Mathematics.

6. Learned counsel further placed the notification of the

Government of India dated 4th May, 2016 in which five criteria

for grant of Ph.D. has been prescribed, which are as follows:-

(a) The Ph.D. degree of the candidate has been awarded in regular mode.

(b) The Ph.D. thesis has been evaluated by at least two external examiners;

(c) An open Ph.D. viva-voce of the candidate has been conducted.

(d) The candidate has published two research papers from his / her Ph.D. work, out of which at least one must be in referred journal

(e) The candidate has presented at least two papers based on his / her Ph.D. work in conferences / seminars Patna High Court CWJC No.9285 of 2015 dt.06-08-2024

based on his PhD work.

7. The notification further prescribes that the aforesaid

requirements from (a) to (e) shall stand complied on the basis of

the certificate issued by the Vice-Chancellor/Pro-Vice

Chancellor / Head of Department University / Dean of the

Faculty.

8. In the light of the aforesaid notification, the Government

of Bihar also came out with a Circular dated 03.02.2021

incorporating similar conditions for entitlement of 3 / 5 advance

increments on the basis of acquiring Ph.D. degree in terms of

five criteria mentioned in the Circular of the Government of

India.

9. Learned counsel for the petitioners relied upon

Annexure-16 of the supplementary affidavit which is the

Certificate of Ph.D. in order to show that all the five criteria

mentioned in the Government notification and the Circular of

the State Government has been complied while granting Ph.D.

degree by the Babasaheb Bhimrao Ambedkar Bihar University

in favour of the petitioner no. 1.

10. Insofar as the petitioner no. 2 is concerned, learned

counsel submits that Ph.D. Certificate has not yet been granted

to him and his case may be considered after submission of Ph.D. Patna High Court CWJC No.9285 of 2015 dt.06-08-2024

Certificate in terms of the Circular of the University / State

Government.

11. Learned counsel for the University as well as the State

jointly submit that if the petitioners fulfill the criteria as

prescribed in the Circular / Notification of the Government of

India / U.G.C. / and State Government, the petitioners' case may

be considered for grant of three advanced increments.

12. Upon hearing rival submission of the parties and

perusal of the relevant provisions, it appears that for in service

teachers three advanced increment is admissible after

completion of Ph.D. degree in terms of the criteria mentioned in

the Notification of the U.G.C. / Government of India / Circular

of the State Government.

13. Annexure-16 produced by the petitioner no. 1 shows

that Ph.D. Certificate has been granted by the competent

authority as prescribed in the amended notification of the

Government of India dated 4th May, 2016 after having fulfilled

all the five criteria mentioned in the Government of India

notification as well the U.G.C. notification.

14. Accordingly, I come to the conclusion that the

petitioner no. 1 is entitled for three advance increment as per

the scheme of the U.G.C. / Government of India / State of Bihar.

Patna High Court CWJC No.9285 of 2015 dt.06-08-2024

15. In the result, the respondent / University and State are

directed to pay non-cumulative three advance increment to the

petitioner no. 1 in terms of the U.G.C. scheme with effect from

the date of award of PhD degree i.e. 09.01.2010.

16. Necessary arrears along with monetary benefit must be

paid to the petitioner no. 1 within a period of three months from

the date of receipt / production of a copy of this order.

17. Insofar the claim of the petitioner no. 2 is concerned,

the respondent shall decide the claim of the petitioner no. 2 after

the certificate of Ph.D. is submitted by the petitioner no. 2

before the Vice- Chancellor and if the Vice- Chancellor is

satisfied that the petitioner no. 2 has completed the Ph.D. after

following the norms prescribed under the U.G.C. scheme, he

shall forward the claim of the petitioner no. 2 before the State

Government for payment of three advance increment.

18. With the aforesaid observation and direction, the

application is disposed of.

                                               (Anil Kumar Sinha, J)

praful/-AFR
AFR/NAFR                AFR
CAV DATE                NA
Uploading Date          09-08-2024
Transmission Date       NA