Dr Alok Vyas vs State Technical Edu Ors
2021 Latest Caselaw 1521 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 15671/2013

Dr Alok Vyas Son of Dr. Suraj Kishan Vyas, aged about 38 years,
resident of 6-Sa-1, Pawan Puri South Extension, Bikaner,
Rajasthan
                                                                      ----Petitioner
                                     Versus
1.    State of Rajasthan through Secretary, Department of
Technical Education, Government of Rajasthan, Secretariat,
Jaipur;
2.     Director, Directorate of Technical Education, Directorate of
Technical    Education,       W-6,    Gaurav        Path         (Residency   Road)
Jodhpur-342032.
3.   All India Council for Technical Education throgh its Secretary,
7th Floor, Chanderlok Building, Janpath, New Delhi
4.        The Principal, Government Women Polytechnic College,
Bikaner.
                                                                   ----Respondents

For Petitioner(s)         :     Mr. Amol Vyas
For Respondent(s)         :     Mr. Vinod Kumar Gupta, Addl.GC
                                Mr. Hari Kishan Saini, Dy. GC

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Judgment

11/02/2021

REPORTABLE

1. Heard learned counsels finally at this stage.

2. The petitioner has preferred this writ petition with the

following prayer:-

"It is, therefore, most humbly prayed that this Hon'ble Court may very graciously be pleased to accept and allow this writ petition and issue and

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appropriate writ, order or direction or in the nature thereof:

(i) to direct the respondent to treat the petitioner equivalent to the Persons (Lecturers) holding M.Tech Qualification in appropriate branch/discipline for the purpose of fixing the pay structure as per the Notification dated 05.03.2010 and not to discriminate between the two qua the Academic Grade Pay;

(ii) the Respondents be directed to grant Academic Grade Pay as per Notification date 05.03.2010 of Rs. 6000/- to the Petitioner from the date of his appointment, which is being paid to the Lecturers of Engineering Branch holding Masters Degree, after completion of the probation period;

(iii) to direct the respondent not to treat petitioner equivalent to the Persons (Lecturers) holding B.E./B. Tech Qualification in appropriate branch/discipline;

(iv) the Office Order dated 30.05.2011 be directed to be modified accordingly wherein the petitioner be granted Grade Pay of Rs. 6000/- as aforestated;

(v) any other order or direction which this Hon'ble Court may deem just and proper in the facts and circumstances of the case and in the interest of justice, may also kindly be passed in favour of the petitioner with costs."

3. Learned counsel for the petitioner submits that the

qualification for appointment on the post of Lecturer in Science

and Humanities as per the All India Council for Technical Education

(Pay Scales, Service Conditions and Qualifications For the Teachers

and Other Academic Staff in Technical Institutions (diploma)

Regulations, 2010 (hereinafter referred to as "the Regulations

of 2010") is "First class Masters degree in appropriate subject

with first class or equivalent at Bachelor's or Master's level" while

the minimum qualification for appointment of Lecturer in

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Engineering and Technology is "Bachelor's Degree in

Engineering/Technology in the relevant branch with First Class or

equivalent and if the candidate has a Master's degree in

engineering/Technology, first class or equivalent is required at

Bachelors or Masters level".

4. The petitioner had completed his Masters Degree (M.Sc) in

Chemistry faculty and under the advertisement issued by the

RPSC dated 11.05.2007 the petitioner was appointed on

27.01.2009 as a Lecturer in Chemistry Department of Technical

Education although the Regulations of AICTE Notification dated

05.03.2010 were not made retrospective. The State Government

vide its Notification dated 01.09.2010 made the Rajasthan Civil

Services (Revised Pay Scales for Government Polytechnic College

Teachers, Librarians and Physical Training Instructor) Rules, 2010

(hereinafter referred to as "the Rules of 2010") retrospective

w.e.f. 01.09.2006. Under the Rules of 2010, the Grade Pay of a

Lecturer in Engineering was made applicable by the AICTE

Notification dated 05.03.2010. However, the State Government

has made distinction between the Lecturers (Science and

Humanities) working in the Government Polytechnic Colleges and

those who are working as Lecturers (Engineering) which has

resulted in the petitioner being placed in the Grade Pay of

Rs.5400/- vide order dated 08.09.2011 while Lecturers in

Engineering holding Masters Degree have been placed in the

Grade Pay of Rs.6000/-.

5. Learned counsel submits that there is a discrimination per-se

between Lecturers appointed in Engineering Wing and Lecturers

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appointed in Science and Humanities Wing at the same time.

While a person who is appointed as Lecturer in Engineering having

Masters Degree would be placed in Grade Pay of Rs.6000/-,

relying upon the notification issued by the AICTE dated

05.03.2010, the Lecturers in Science and Humanities like the

petitioner who already possesses the Post Graduation Degree

would be placed in Grade Pay of 5400/-.

6. Learned counsel submits that such discrimination has been

also examined by the Central Administrative Tribunal Principal

Bench, New Delhi bearing OA No.1622/2012 with OA-1827/2012

and the Central Administrative Tribunal has found such a provision

is of anomaly and the AICTE had failed to provide unambiguous

clarification with regard to the grant of selection grade in relation

to the candidates having Masters Degree in Science and

Humanities and allowed the Original Applications vide its judgment

dated 09.04.2013.

7. Learned counsel appearing for the AICTE has taken this

Court to the Notification dated 05.03.2010 and has pointed out

that the qualifications for Lecturer in Engineering are different

from the qualifications laid down for Lecturer in Humanities.

However, it is an admitted position that so far as the provisions for

granting the Grade Pay for Lecturers in Polytechnic are concerned,

the AICTE has only mentioned the moving up from AGP Rs.5400/-

to AGP Rs.6000/- in relation to persons who are holding B.E.,

B.Tech qualification in appropriate branch/discipline and the

provision does not cater to those who are in Science and

Humanities.

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8. Learned counsel appearing for the State submits that as the

AICTE only mentioned about the moving up of the grade pay in

relation to Lecturers in Engineering, the State has only provided

accordingly and the same is not available to Lecturers in Science

and Humanities. Hence, the basic AGP of 5400/- has been rightly

granted to the petitioner.

9. I have considered the submissions.

10. A look at Notification dated 05.03.2010 shows that the AICTE

has laid down Revised Pay Scales, Service conditions and Career

Advancement Scheme for Teachers and Equivalent positions which

reads as under:-

"The pay structure for different categories of teachers and equivalent positions shall be as indicated below:-

(a) Lecturer in Polytechnics

(i) Persons with B.E./B.Tech qualification in appropriate branch/discipline either entering the teaching profession newly or Lecturers already in service in Polytechnic Institutions shall be designated as Lecturer and shall be placed in the Pay Band of Rs.15600-39100 with AGP OF Rs.5400 and will move to AGP of Rs.6000 on completion of Masters in qualification in appropriate branch/discipline.

(ii) Persons with M.Tech qualification in appropriate branch/discipline either entering the teaching profession newly or Lecturers already in service in Polytechnic Institutions shall be designated as Lecturer and shall be placed in the Pay branch of Rs.15600-39100 with AGP of Rs.6000.

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(iii) A Lecturer with completed service of 4 years, possessing Ph.D Degree in the relevant branch/discipline shall be eligible, for moving up to AGP of Rs.7000.

(iv) A lecturer possessing Masters degree in the relevant branch/discipline as defined for technical education shall be eligible for the AGP of Rs.7000 after completion of 5 years service as Lecturer.

(v) Lecturers who do not have Ph.D or a Master's degree in the relevant branch/discipline of a program shall be eligible for the AGP of Rs.6000 only after completion of 6 years service as Lecturer.

(vi) Lecturers who do not have Ph.D or a Master's degree in the relevant branch/discipline of a program shall be eligible for the AGP of Rs.7000 only after completion of 9 years' service as Lecturer.

(vii) The upward movement from AGP of Rs.5000 to AGP of Rs.6000 and from AGP of Rs. 6000 to Rs.7000 for all Lecturers shal be subject to their satisfying other conditions as laid down by AICTE.

(viii) The pay of the incumbents to the posts of Lecturer (senior scale) (i.e. the pre- revised scale of Rs.10,000-15200) shall be fixed at the appropriate stage in Pay Band of Rs.15600-39100 based on their present pay, with AGP of Rs.7000.

(ix) Lecturers with completed service of 5 years with the AGP of Rs.7000 shall be eligible, subject to other requirements laid down by the AICTE to move up to the AGP of Rs.8000

(x) Incumbent Lecturers (Selection Grade) who have completed 3 years in the pre-

revised pay scale of Rs.12000-18300 on 1.1.2006 shall be placed

(xi) Incumbent Lectures (Selection Grade) who have completed 3 years in the pre-

revised pay scale of Rs. 12000-18300 on 1.1.2006 shall be placed at the appropriate

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stage in the Pay band of Rs. 15600-39100 With AGP of Rs. 8000 till they complete 3 years of service in the grade of Lecturer (Selection Grade) and thereafter shall be placed in the higher pay Band of Rs. 37400- 67000 and accordingly designated as Lecturers (Selection Grade)

(xii) Lecturers (Selection Grade), completing 3 years of teaching with the AGP of Rs. 8000 shall be eligible, subject to other conditions, as may be prescribed by AICTE to move to the Pay Band of Rs. 37400-67000 with AGP of Rs. 9000

(xiii) Posts of HOD shall be in the Pay Band of Rs. 37400-67000, with AGP of Rs 9000.

Directly recruited HOD shall be placed in the Pay Band of Rs. 37400-67000 with an AGP of Rs. 9000, at the appropriate stage in the Pay Band in terms of the conditions of appointment.

(xiv) Head of Department (HOD) completing 3 years of service in the AGP of Rs. 9000 and possessing a PH.d, degree in the relevant discipline shall be eligible, subject to other conditions of academic performance as laid down by the AICTE, shall be place in Rs.

37400-67000 with AGP of Rs. 10000.

(xv) For initial direct recruitment at the level of Lecturers, HOD and Principal, the eligibility conditions in respect of academic and research requirements shall be as may be or have been prescribed by the AICTE, through Regulations.

(xvi) All advancements to higher grade pay in various cadres will be effected subject to completion of two AICTE approved refresher programs of not less than two weeks duration each and two one week each TEQIP sponsored programs."

11. It is apparent that while the person who is having

B.E./B.Tech qualification would acquire Masters Qualification will

move to AGP of Rs.6000/- from Rs.5400/-. There is no mentioning

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relating to Lecturers in Science and Humanities in a(i) however, on

reading Clauses iii & iv (supra), it is apparent that a Lecturer in

any faculty who possesses Ph.D Degree shall be eligible for

moving to AGP 7000/- or who has completed five years as

Lecturer would also be eligible for AGP of Rs.7000/-. Thus, here

there is no distinction between Lecturer (Science & Humanities)

and Lecturer (Engineering) who have done Ph.D or who have

completed five years.

12. Thus, while Clauses (i) & (ii) only cater to the B.Tech, M.Tech

qualifications, subsequent Clauses (iii) & (iv) do cater to all the

Lecturers. Similarly Clause (v) also mentions of grant of AGP of

Rs. 6000/- to those who do not possess Ph.D or Masters Degree

on completion of six years as Lecturer. A natural corollary upon

reading the aforesaid shows that a candidate who possesses

Masters Degree would be entitled to AGP of Rs.6000/- be it from

engineering in Science and Humanities.

13. Thus, the Scheme of AICTE clearly depicts that those

Lecturers who possess Post Graduation qualification would be

placed in the AGP of Rs.6000/- and while those who did not

possess Masters Degree would be placed in AGP of Rs. 5400/-.

Moreover those Lecturers who completed four years of service and

possess Ph.D Degree would be further allowed to move to AGP of

Rs.7000/-. The contention of respondents that the AICTE

regulations would only relate to Lecturers in Engineering alone is

found to be thus, misconceived.

14. The AICTE Regulations would govern all the Lecturers who

are working in Technical Institutions (Diploma) as the notification

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title is Rajasthan Civil Services (Revised Pay Scales for

Government Polytechnic College Teachers, Librarians and Physical

Training Institutions) Rules, 2010. Since the State has complied

with the said AICTE Regulations to come into force w.e.f.

01.09.2006, the petitioner would be entitled to the said benefit as

he was appointed in 2009. Accordingly, this Court finds that the

action of the respondents in placing the petitioner in grade pay of

Rs.5400/- instead of grade pay of Rs. 6000/- is unjustified and

goes contrary to the scheme of the Notification (supra).

Accordingly, the order dated 08.09.2011 is set aside with

directions to the State to modify the grade pay of the petitioner to

Rs.6000/- and further as it is informed that the petitioner has

completed his Ph.D, he would be also entitled for grant of higher

grade pay of Rs.7000/- on completion of four years of service as

provided under the Notification dated 05.03.2010. Appropriate

compliance of this order in this regard shall be made within a

period of two months henceforth and arrears shall be accordingly

released.

15. The writ petition is accordingly allowed. If there is a delay in

releasing the amount, the interest @6% per annum shall also be

released which shall be recoverable from the concerned Officer

who has delayed in compliance of the order.

16. All pending applications shall also stand disposed of. No

costs.

(SANJEEV PRAKASH SHARMA),J

Saurabh yadav/20

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