Arti Dixit vs State Of Uttarakhand And Others
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Uttarakhand High Court

Arti Dixit vs State Of Uttarakhand And Others on 13 May, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                              2025:UHC:3829-DB
 HIGH COURT OF UTTARAKHAND AT NAINITAL
      HON'BLE JUSTICE SRI MANOJ KUMAR TIWARI AND
         HON'BLE JUSTICE SRI ASHISH NAITHANI

               Writ Petition (S/B) No. 64 of 2021

Arti Dixit                                                   -Petitioner
                                   Versus
State of Uttarakhand and others                         --Respondents
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Presence:-
Ms. Menkaa Tripathi, Advocate for the petitioner.
Mr. Puran Singh Bisht, Additional Chief Standing Counsel for the State
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The Court made the following:
JUDGMENT:

(per Hon'ble Justice Sri Manoj Kumar Tiwari)

1. Petitioner was appointed as Principal in a government-aided Under Graduate college, namely, D.W.T. College, Dehradun, by direct recruitment vide order dated 14.11.2007. She claimed entry level pay of Rs. 43,000/- in the pay band 37400-67000/- (PB-4) with academic grade pay of Rs. 10,000/-, in terms of order dated 26.08.2010, issued by Ministry of Human Resource Development (MHRD), Government of India and a proposal was sent by Director, Higher Education to the State Government for granting her the said pay scale.

2. State Government rejected the proposal for grant of aforesaid entry level pay to petitioner vide order dated 14.11.2019. Petitioner, thereafter, made representation to the State Government to reconsider the matter of her pay revision, which was rejected vide order dated 17.07.2020.

3. By means of this writ petition, petitioner has sought the following reliefs:

2025:UHC:3829-DB "(a) Issue a writ, order or direction in the nature of Certiorari quashing the order dated 14.11.2019 (Annexure No. 1 to the writ petition) and 17.07.2020 (Annexure No. 2 to the writ petition);

(b) Issue a writ, order of direction in the nature of Mandamus to direct the respondent no. 2 to grant the petitioner the Revised Entry Pay Scale as per Order No. 2027/XXIV(7)/2014-47(5)13 dated 30.09.2014 (Annexure No. 6 to the writ petition) and fix the same from the date it became due."

4. Petitioner has referred to two communications issued by Ministry of Human Resource Development, Government of India. First communication dated 31.12.2008 was addressed to University Grants Commission whereby the decision of Government of India regarding pay revision of teachers in Universities and affiliated Colleges was communicated. Clause 4(i) of said communication deals with Principal of Under Graduate Colleges and the same is extracted below:-

"(i) Principal of Under Graduate Colleges

Appointments to the posts of Principal in Under Graduate Colleges shall be based on the conditions of eligibility in respect of educational qualifications and teaching/research experience laid down by the University Grants Commission and if any by the university from time to time. The posts of Principal in Under Graduate Colleges shall be in the Pay Band of Rs. 37400-67000 with AGP of Rs. 10000, plus a Special Allowance of Rs. 2000 per month. All Principals in service shall be appropriately fixed in the Pay Band with the AGP of Rs. 10000."

5. Clause 9(p)(v) of aforesaid communication provides that this Scheme of pay revision may be extended to Universities, Colleges and other Higher Educational Institutions coming under the purview of State legislatures, provided State Government wish to adopt and implement the Scheme subject to certain conditions enumerated thereunder.

2025:UHC:3829-DB

6. The subsequent communication dated 26.10.2010, issued by Ministry of Human Resource Development was in continuation of earlier communication issued by Ministry of Human Resource Development on 31.12.2008. In this subsequent communication, it was mentioned that directly recruited Principals of Under Graduate and Post Graduate Colleges appointed on or after 01.01.2006 may be allowed Rs. 43000/-, as entry level pay in the Pay Band Rs. 37400-67000 (PB-4) plus an academic grade pay of Rs. 10,000/-, with Special Allowance of Rs. 2000/- per month.

7. In the communication dated 26.08.2010, it was further provided that entry pay of Readers, appointed on or after 01.01.2006 till issuance of UGC Regulations on minimum qualifications for appointment of teacher and measures for the maintenance of standards in Higher Education, 2010, i.e. 30.06.2010, shall be fixed at Rs. 23,890/- in PB-3 with an academic grade pay of Rs. 8000/-.

8. According to petitioner, State Government adopted the Scheme of pay revision of teachers of universities and government aided colleges vide G.O. dated 11.11.2009 with the condition that special pay shall not be allowed to teachers of universities /colleges.

9. Learned counsel for the petitioner submits that in terms of earlier communication issued by Ministry of Human Resource Development on 31.12.2008, petitioner was given revised pay scale of Rs. 37400-67000/- with an Academic Grade Pay of Rs. 10000/- however, she was wrongly denied the benefit of subsequent communication

2025:UHC:3829-DB issued by Ministry of Human Resource Development on 26.08.2010, which provides that directly recruited Principals of Under Graduate Colleges appointed on or after 01.01.2006, will be allowed Rs. 43000/- as entry level pay.

10. Learned counsel for the petitioner further submits that State Government took a decision vide G.O. dated 30.09.2014 (Annexure-6) to give benefit of MHRD's communication dated 26.08.2010 to Readers appointed between 01.01.2006 to 30.06.2010 and they were allowed entry level pay of Rs. 23890/-, however, Principals of Under Graduate Colleges were left out and no decision in their respect was taken by the State Government.

11. Learned counsel for the petitioner submits that State Government was not justified in partly accepting the recommendation made by Ministry of Human Resource Development, Government of India only in respect of Readers. She submits that due to oversight, the case of Principal of Under Graduate Colleges appears to be left out.

12. We find some substance in the submission made on behalf of petitioner.

13. Since Ministry of Human Resource Development, Government of India provided that entry level pay of directly recruited Principals of Under Graduate Colleges shall be fixed at a certain level and it also provided for fixation of entry level pay of Readers at a different level, therefore, accepting the Scheme of fixation of entry level

2025:UHC:3829-DB pay in respect of Readers alone, in the absence of any valid reason, do not appear to be proper. Moreover, it is causing heartburn to those who were appointed as Principal of Under Graduate College by direct recruitment on or after 01.01.2006.

14. We, therefore, dispose of the writ petition by permitting petitioner to make representation to the Secretary, Higher Education, against leaving out the Principals serving in Under Graduate College from the benefit of entry level pay, in terms of communication dated 26.08.2010, issued by Ministry of Human Resource Development, Government of India. If petitioner makes such representation within four weeks from today, the Secretary concerned shall revisit the matter and pass appropriate order as per law within six months from date of receipt of such representation.

_______________________________ MANOJ KUMAR TIWARI, J.

__________________________ ASHISH NAITHANI, J.

Dt: 13th May, 2025 Mahinder

MAHINDER SINGH

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.05.20 10:36:45 +05'30'