Central Administrative Tribunal - Ernakulam
K.M. Sayed And Ors. vs Union Of India (Uoi) And Ors. on 26 June, 2002
Equivalent citations: 2003(3)SLJ153(CAT)
ORDER T.N.T. Nayar, Member (A)
1. The applicants, 17 in number, are Lecturers in different subjects in the two Junior Colleges in the Union Territory of Lakshadweep. Their claim to be treated on a par with Lecturers in Degree Colleges in the main land had been allowed by the Hon'ble High Court of Kerala and was eventually upheld by the Hon'ble Supreme Court vide A-1 and A-2. The applicants are now aggrieved by A-7 order dated 31.10.2000 whereby their joint representation, A-6 made in pursuance of the directions contained in this Tribunal's order in O.A. 417/2000 dated 24.4.2000 is disposed of by negativing their claim for placement in Senior Scale and Selection Grade for Lecturers on the basis of their qualifying service. In the impugned order A-7, the 2nd respondent, viz. the Administrator, U.T. of Lakshadweep, has held that the scale of pay of the Junior Lecturers in U.T. of Lakshadweep was to be on a par with that of the Lecturers in Degree Colleges under the Union of India in pursuance of the Apex Court's decision and that accordingly, they were given the scale of pay subject to revision from time to time on the basis of the recommendations of the Pay Commission and approved by the Government of India. According to the 2nd respondent, who passed the impugned order, there were no Degree Colleges or Post Graduate Colleges for imparting higher education in the U.T. of Lakshadweep and that the Pre-Degree level of education, though forming part of the collegiate education and was, accordingly, affiliated to the Calicut University following the pattern prevalent in the State of Kerala until recently is in essence, senior secondary level of education which could not be considered as higher education. The logical basis, therefore, of the denial of the claim of Senior Scale and Selection Grade in respect of Lecturers in the junior colleges of U.T. of Lakshadweep as per the impugned order is that the scale of pay envisaged in the Ministry of Human Resources Development, letter dated 22.7.1988 can be granted only to Teachers in Institutions of higher learning like Colleges and Universities. It is the contention of the 2nd respondent that the employees of Lakshadweep Administration including the petitioners are Central Government employees and are therefore, entitled to the scale of pay as per the recommendations of the Central Pay Commission set up by the Government of India from time to time. The gist of the applicants' claim, however, is that in the light of the Apex Court's decision (A-2) that the scale of pay of the Junior Lecturers in the U.T. of Lakshadweep is to be on par with the scale of pay of the Lecturers in Degree Colleges under the Union of India and that therefore, they are eligible for Senior Scale/Selection Grade which are available to the Lecturers in terms of Ministry of Human Resources Development dated 22.7.1988 since they came within the parameters laid down therein. Accordingly, the applicants seek the following main reliefs:
(i) Set aside the impugned order A-7 and extend the benefit of Senior Scale and Selection Grade to the applicants.
(ii) Declare that since the applicants are entitled to the entry scale of the Lecturers as held in Annexure-A1 and A4, they are also entitled for all the consequential benefits arising as per Annexure-A2 and A3 orders and grant the same.
2. In their reply statements, the respondents have resisted the O.A. by stating that the two colleges in Lakshadweep where the applicants are working are junior colleges, and not full fledged colleges coming under the scheme formulated by the University Grants Commission (UGC for short). The UGC being the body dealing with higher education in the country and not concerned with the issues in relation to education below the Degree level, has been instrumental in ensuring granting the grades of pay to Teachers in Colleges and Universities and naturally, the recommendations of different scales approved by the U.G.C. were intended for Lecturers of Degree and higher levels and not for Pre-Degree or its equivalent. The mere fact that the Pre-Degree course conducted in junior colleges in U.T. of Lakshadweep was until recently affiliated to the Calicut University, did not make the Teachers, viz. Lecturers in those junior colleges entitled to the UGC scales of pay available to Teachers in institutions of higher learning. Now that the Pre-Degree level of education has been delinked from Collegiate Education, the teachers in these Junior Colleges would have to be redeployed as Higher Secondary teachers as they cannot be posted to Colleges/Universities. According to the respondents, with the delinking of Pre-Degree from University the two Junior Colleges where the applicants are working have been converted into Senior Secondary Schools. Teachers in the institutions of higher learning covered by the recommendations of the UGC are persons with Post Graduate and Research qualifications as the object was to achieve higher educational standards and accordingly different strata of teaching staff like Lecturers, Readers and Professors were envisaged and systematic career advancement scheme was formulated. It would therefore be illogical and legally untenable if the Teachers or Lecturers in the Junior Colleges are treated on a par with the Teachers in the institutions of higher learning for purposes of further placements notwithstanding the fact that such Teachers in the lower institutions of learning, viz., Junior Colleges, were allowed the entry scale of pay on par with Lecturers in Colleges in the country. Therefore, Government of India, Ministry of Human Resources Development (Department of Education's) ciruclar letter dated 22.7.88 (A-3) are not applicable to the applicants and they are not eligible for Senior Scale and Selection Grade as per those orders. The UGC scales of pay can be granted only to Lecturers in Universities and institutions or affiliated colleges recognised by the UGC in consultation with the University concerned (vide R2(c) and R2(d)). The respondents in their reply statement further refer to R2(e) whereby the Government of Kerala, while dealing with the situation obtaining after the delinking of pre-degree level teaching (i.e. Plus two), has stated that the career scheme for Lecturers envisaged by the UGC would not apply to teachers who are required for teaching in pre-degree classes. According to the respondents, therefore, even if the Junior Colleges in Lakshadweep were affiliated to Calicut University under the control of the Government of Kerala, the UGC scales have not been extended to the teachers required to teach only at the pre-degree level even in colleges affiliated to the said Universities.
3. In their rejoinder, the applicant have maintained that various orders issued subsequent to Annexurc-A1 and A2 could not take away the benefit already granted to the applicants. According to them, the true effect of the decisions of the Hon'ble High Court of Kerala and the Hon'ble Supreme Court would be that since the entry scale of pay for Lecturers is allowed to them, all the consequential benefits like Senior Scale/Selection Grade also should be granted to them on the basis of the recommendations of the Pay Commission. The applicants also would refer to the Registrar's letter (A-10) dated 11.7.2000 addressed to the Administrator to the effect that the applicants were eligible to teach in Degree and P.G. Classes as well thereby substantiating their claim for not only the entry scale, but also the subsequent career advancement available to Lecturers in Universities and Colleges. A-12 letter from the former Administrator contains a clear recommendation for grant of UGC scale of pay under the UGC scheme to the Lecturers in Lakshadweep. The same recommendation is also contained in the Director of Education's letter A-13. As per A-14 order dated 23.3.90 of Government of Kerala, the benefits of UGC scheme have been extended to the Teachers of the affiliated Colleges not covered by the UGC Scheme. Thus, benefits were made available to Lecturers teaching at Pre-Degree level in the affiliated Colleges under the Universities within the State of Kerala.
4. The applicants would draw support from material contained in A-1 to A-6 and A-8 to A-14 and urge that the impugned A-7 order is unsustainable.
5. We have heard the learned Counsel for the applicants and the learned Counsel for the respondents.
6. According to learned Counsel for the applicants, the claim was not with reference to the UGC scales of pay as such. The applicants are asking for the scales of pay prescribed for Lecturers teaching in the Universities and Colleges affiliated thereto, as a natural corollary to the entry scale allowed to them as directed by the Supreme Court. Accordingly, they were eligible for further benefits like Senior Scale/Selection Grade. According to the learned Counsel for the applicants the Supreme Court has considered all the basic facts regarding the claim of the Lecturers in the Junior Colleges in U.T. of Lakshadweep and held that the pay scale attributable to the post of Lecturers of the Junior Colleges in Lakshadwcep from their respective dates of appointment in the respective Junior Colleges were admissible to them. Once that be so, they were to be treated on par with Lecturers in any University or Colleges affiliated to the University, for the purpose of grant of Senior Scale and Selection Grade, the learned Counsel would urge. Inviting our attention to A-3 letter dated 22.7.88 of the Ministry of Human Resource Development, Department of Education, the learned Counsel for the applicants would point out that all the applicants had put in the qualifying service and had the qualification to be considered for Senior Scale and Selection Grade.
7. The learned Counsel for the respondents would vehemently contend that the applicants were not entitled to the benefit of the career advancement scheme visualised by the UGC inspite of the fact that they were allowed entry scale of Lecturers as per the decision of the Supreme Court. There is no finding in the Hon'blc Supreme Court's judgment to the effect that the applicants and similarly placed Lecturers in Junior Colleges were entitled to the career advancement schemes like Senior Scale, Selection Grade/ Readership and other promotions. It has only been laid down that their work and the work of the Lecturers in Degree Colleges was not different and therefore, their redesignation as Junior Lecturers and the consequent grant of lower pay scale was unjustified and that they were, therefore, entitled to the entry scale applicable to the Lecturers in regular colleges. It is maintained by the learned Counsel for the respondents that for further career advancement, the Lecturers had to satisfy other specific conditions like Research qualifications or participation in Refresher Course etc. in accordance with the norms laid down by the UGC. It is pointed out by the learned Counsel that the material relied on by the applicants to support their case in fact related to the revision of pay scales of Teachers in Universities and Colleges and other measures of maintenance of standards in higher education. What is the meaning and scope of the expression 'higher education' would be abundant (sic) clear from the Ministry's letter A-3 dated 22.7.88. While entry scale was granted (sic) applicants on par with Lecturers in other Colleges, their claim for further career advancement like placement in Senior Scale, Selection Grade etc. as visualised under the UGC scheme, could not be allowed as a matter of routine, since neither the Hon'ble High Court nor the Hon'ble Supreme Court has considered that aspect and it could not be said that the Hon'ble Courts had laid down any norm or enunciated any principle that would justify grant of such career advancement benefits to the Lecturers in the Junior Colleges in U.T. of Lakshadweep. With the delinking of the Pre-Degree level of education from the University and imparting of Plus two education only through the Senior Higher Secondary Schools, granting of the benefits intended for Teachers teaching in institutions of higher learning to the Lecturers of the Junior Colleges like the applicants was fraught with serious financial and legal implications and therefore, the claim preferred by the applicants in this present application was unsustainable, learned Counsel for the respondents would urge.
8. We have carefully gone through the material on record and examined with meticulous care the arguments put forward by the rival Counsel. We have given our anxious consideration to the claim of the applicants for placement in Senior Scale and Selection Grade prescribed for Lecturers in Universities and Colleges affiliated thereto in the light of A-3 letter dated 22.7.88 issued by the Government of India, Ministry of Human Resources Development (Department of Education). The applicants, the first 12 of them being Lecturers in Government Jawaharlal Nehru College, Kadamath and the remaining 5 being Lecturers in Government M.G. College, Androth, U.T. of Lakshadweep were allowed entry scale of pay of Rs. 400-800 revised to Rs. 700-1,300 with effect from 1.1.73 and Rs. 2,200-4,000 with effect from 1.1.86. We notice that the applicants' are now in the scale of pay of Rs. 8,000-13,500 with effect from 1.1.86 in the light of the Vth Central Pay Commission's recommendations. Admittedly, they enjoyed the scale in pursuance of the Hon'ble Supreme Court's verdict (A-2). We notice that the Hon'ble Supreme Court has upheld the Hon'ble Kerala High Court's finding that there was no material to show that the Teachers in Pre-degree colleges did not perform similar functions as compared to Lecturers working in Degree Colleges in Delhi. Having noted the fact that, that finding has become final and also taking into account the further fact that the pay scale of Junior Lecturers teaching in Pre-degree classes and the pay scale of Lecturers teaching in degree classes in Colleges under the Calicut University with the sole exception of the junior colleges in Lakshadweep which were affiliated to the Calicut University, were same, the Supreme Court held:
".... In view of these facts, we do not deem it proper to interfere with the scale of Rs. 400-800 as being payable to these Junior Lecturers w.e.f. 13.7.1972 and Rs. 700-1,300 w.e.f. 1.1.1973 and Rs. 2,200-4,000 w.e.f. 1.1.1986. The said pay scale will be applicable to these Junior Lecturers now designated as Lecturers from their respective dated of appointment in the respective Junior Colleges in the Union Territory of Lakshadweep."
Accordingly, similar claim of certain other teachers in the Junior Colleges in the U.T. of Lakshadweep was also upheld down any legal principle as is evident from Their Lordship's observation that the judgment should not be understood as having laid down any principles of law raised on both sides. The applicants are thus in receipt of the Lecturer's pay at the entry scale revised from time to time. Now the point at issue before us is, whether the applicants can claim further advancement in their career by extending the logic of functional similarity between themselves and the Teachers of the Universities in the country and the colleges affiliated thereto. In our considered opinion, the applicants cannot ask for further advancement in career except what is provided specifically or generally for them. The applicants heavily rely on the functional similarity taken note of by the Courts and the grant of entry scale to the Lecturers in the Junior Colleges of U.T. of Lakshadweep on a par with the Lecturers in other Colleges. They also insist that the benefits of placements mentioned in A-3 circular letter should be extended to them since they had been given the entry scale of Lecturers as fixed by the Apex Court. On a consideration of A-3 circular letter issued by the Ministry of Human Resources, Department of Education, we find that though the entry scale of pay applicable to the Lecturers in Universities and Colleges affiliated thereto was made available to the Lecturers in Junior Colleges in the U.T. of Lakshadweep there cannot be of any automatic conferment of Senior Scale and Selection Grade placements mentioned in the Circular letter dated 22.7.88 on the latter categories of Teachers like the applicants herein. The expression 'higher education' in our opinion, should properly relate to education in institutions and higher learning that is, Degree and Post graduate levels and beyond. Pre-degree education, albeit its affiliation to the University because of the peculiarities of the educational system prevailing in Kerala, cannot be construed as partaking of the character of higher education. The basis of the recruitment policy as contained in the said circular letter is borne out by Clause (iv) of the amendments contained in A-3 under the heading Recruitment and Qualifications:
"(v) Para 10 of the Scheme together with its explanation is deleted. Instead, the following provision is added.
"In order to encourage research, in continuation of Post-graduate studies, candidates who, at the time of recruitment as lecturers, possess Ph.D. or M.Phil. degree (hereinafter called jointly as the "research degree"), will be sanctioned three and one advance increments respectively in the scale of Rs. 2,200-4,000 along with the benefit of the corresponding years of service for the purpose of promotion. The existing Lecturers without research degrees and those similarly situate recruited in future will be eligible for a similar benefit in service for the purpose of promotion as and when they acquire research degrees, but will not be eligible for advance increments. Existing Lecturers with research degrees will also be eligible for a similar benefit."
With regard to the placement in Senior Scale, the amended conditions are contained in Clause (vi) under the heading 'Career Advancement,' which is reproduced below:
"(vi) Sub-clause (h) of Para 11 of the Scheme which provides for possession of M.Ph.D. degree to become eligible for placement in the Senior Scale is deleted. Participation in two refresher courses/summer institutes should each be of approximately four weeks duration, and other appropriate continuing education programme of comparable quality as may be specified by the University Grants Commission may also be accepted for this purpose."
As far as placement in Selection Grade is concerned, Clauses (ix) and (x) are quite relevant. It is, therefore, necessary to reproduce Clause (ix) and (x) of A-3:
"(ix) Those Lecturers in the Senior Scale who do not have Ph.D. degree or equivalent published work and who do not meet the scholarship and research standards, but fulfil the other criteria prescribed for promotion to the post of Reader and have a good record in teaching and/or participation in extension activities, will be placed in the grade of Rs. 3,700-5,700 subject to the recommendations of the Selection Committee for promotion to the post of Reader. They will be designated as Lecturers in the Selection Grade. They could offer themselves for fresh assessment after obtaining Ph.D. and/or fulfilling other requirements for promotion as Readers, and if found suitable, could be given the designation of Reader.
(x) For placement of Lecturers in the Senior Scale and Selection Grade as well as for promotion to the post of Readers, the required number of positions would be created by upgrading the posts held by the incumbents concerned."
In Appendix-I to the A-3 circular letter dated 22.7.88 relied on by the applicants for extension of the benefits of Senior Scale and Selection Grade to them, certain conditions are prescribed for career advancement for Lecturers. These are contained at Para 13 of the Appendix, which reads as follows:
"13. Every Lecturer will be placed in a senior scale of Rs. 3,000-5,000 if he/she has:
(a) Completed 8 years of service after regular appointment, with relaxation as provided in Para 12 above;
(b) Participated in two refresher course/summer institutes, each of approximately 4 weeks duration or engaged in other appropriate continuing education programmes of comparable quality as may be specified by the UGC;
(c) Consistently satisfactory performance appraisal reports.
Explanation : All Lecturers in the existing scale of Rs. 700-1,600 who have completed 8 years of service on 1.1.1986 will be placed through a process of screening/selection as indicated in Para 12 below, in the scale of Rs. 3,000-5,000. The benefit of service provided in Para 12 will be available for the initial placement also."
9. The manner in which Selection Grade benefit is conferred on Lecturers is laid down in Para 16 of the Appendix to A-3(a) which is as under:
"16. Those Lecturers in the Senior scale who do not have Ph.D. degree or equivalent published work and who do not meet the scholarship and research standards of a Reader, but fulfil the other criteria mentioned in Para 14, and have good record in teaching and, or participation in extension activities will be placed in the grade of Rs. 3,700-5,700 subject to the recommendations of the Committee mentioned in Para 15 above. They will be designated as Lecturer in the Selection Grade. Posts in the Selection Grade will be created for this purpose by upgrading the posts held by them. They could offer themselves for a fresh assessment after obtaining Ph.D. and of fulfilling other requirements for promotion as Reader, and if found suitable, could be given the designation of Reader."
The ultimate intention of giving impetus to research and promote higher standards of teaching and learning while formulating the policy regarding recruitment, educational qualifications, and career advancement for Lecturers is reflected in Paragraph 12, which is quoted below:
"12. In order to encourage research, in continuation of Post-graduate studies, candidates who, at the time of their recruitment as Lecturers, possess Ph.D. or M.Phil. degree will be sanctioned three and one advance increments respectively in the scale of Rs. 2,200-4,000 alongwith the benefit of corresponding years of service for the purpose of promotion. The existing Lecturers without research degrees, and those similarly situate, recruited in future will be eligible for a similar benefit in service for the purpose of promotion as and when they acquire research degree, but will not be eligible for advance increments. Existing Lecturers with research degrees will also be eligible for a similar benefit."
10. A perusal of A-3 circular would make two things clear beyond any pale of doubt:
(i) With regard to recruitment, career advancement and pay scales of teachers including lecturers, the standards and guidelines are set by the UGC.
(ii) Placements like Senior Scale and Selection Grade for Lecturers are not automatic events that can be taken for granted once a person is appointed as Lecturer.
11. The position is substantially the same even after the issue of A-4 and A-4(a) letters dated 27.7.98 relied on by the applicants. A-4 is a letter issued by the Secretary, Department of Education, Ministry of Human Resources Development, Government of India to the Education Secretaries of all the States/U.Ts., regarding the revision of pay scales of teachers in Universities and Colleges following the revision of pay scales as per the recommendations of the Vth Pay Commission. A-4(a) is a letter addressed by the Secretary, Department of Education (Ministry of Human Resources Development), Government of India simultaneously to the UGC giving details of the revised scales of pay and other provisions of the scheme. The revision of pay scales of teachers in Universities and Colleges would, inter alia, be subject to the regulations to be framed by the UGC in that behalf. The following conditions under the head 'Career Advancement' are to be further noted:
"(a) Minimum length of service for eligibility to move into the grade of Lecturer (Senior scale) would be four years for those with Ph.D., five years for those with M.Phil.; and six years for others as a Lecturer, and for eligibility to move into the Grade of Lecturer (Selection Grade)/Reader, the minimum length of service as Lecturer (Senior Scale) shall be uniformly five years.
(b) For movement into grades of Reader and above, the minimum eligibility criterion would be Ph.D. Those teachers without Ph.D. can go upto the level of Lecturer (Selection Grade).
(c) xxx xxx xxx (d) For every upward movement, a selection process would be evolved, for which appropriate guidelines would be laid down by the UGC in consultation with the Government." (Emphasis supplied)
It is made clear in the A-4(a) letter that the scheme of pay revision and other career advancement measures would be applicable to the teachers in all the Central Universities and colleges thereunder and the Deemed Universities whose maintenance expenditure is met by the UGC. The UGC Regulations are binding in so far as the application of the provision of the scheme to the teachers in the Universities and Colleges thereunder is concerned. Without a periodical performance evaluation, even regular Lecturers in Degree Colleges and Universities cannot aspire to move upward. Thus, Senior Scale and Selection Grade placements claimed by the applicants herein would be available to Lecturers in Colleges and Universities subject to fulfilment of specific standards and conditions laid down and the regulations framed by the Government of India and the UGC. We are therefore, convinced that the applicants herein cannot seek the benefit of the Senior Scale and Selection Grade simply on the ground that they have been successful in getting entry scale of pay on a par with Lecturers in Colleges and Universities.
12. Yet another important aspect that cannot be ignored in considering the applicant's claim is that Pre-degree education so far forming part of University education within the state of Kerala has been totally delinked in order to fall in line with the national pattern to improve the standard of higher education in the State of Kerala. The delinking process has apparently been completed by the end of the academic year 2000-2001. The inevitable fall out of this has been that the Junior Colleges affiliated to the various Universities within the State of Kerala have also been delinked and in their place, a system of Higher Secondary Schools has been set up. Consequently, the two 2 Junior Colleges, where the applicants have been teaching, have been renamed as Government Jawaharlal Nehru Senior Secondary School and the Government M.G. Senior Secondary School. The Teachers who have been working as Lecturers in the Junior Colleges so far have been transferred and posted to the Senior Secondary Schools at Kadamath and Androth so renamed as per A-8. In the course of the hearing of the case, it has been argued for the applicants that the scraping of the Junior Colleges and the renaming of the institutions as Senior Secondary Schools is designed to deny the applicants' right to protection of pay and allowances as Lecturers. One of the applicants herein, Shri Mohanan Mangalasserry, Lecturer in English, Government M.G, College, Androth is seen to have made a representation to the Administrator requesting him to retain the original names of institutions as Jawaharlal Nehru College, Kadamath and M.G. College, Androth, instead of J.N. Senior Secondary School and M.G. Senior Secondary School. It is also seen that the said applicant has made a request to extend the protection of pay and status of Lecturers to the teaching staff allowed by the Government of Kerala to Teachers of these institutions also. To our knowledge, there is no challenge against A-8 order before any Court of law. Suffice it to say that it is abundantly clear that as matters stand, the erstwhile Lecturers of the 2 Junior Colleges will have to continue as Teachers in the plus two institutions which are at the Senior Secondary Level. The above facts would fortify our earlier finding that the benefits of Senior Scale and Selection Grade are available only to those Lecturers who are engaged in teaching in Degree Colleges and Universities and fulfilling the prescribed conditions laid down by the Government of India and the Regulation framed by the U.G.C.
13. In view of the facts and circumstances discussed above, we hold that the applicants herein are not entitled to the benefit of Senior Scale and Selection Grade as prayed for merely on the ground that they have been allowed the entry scale of pay attributable to Lecturers in Colleges and Universities and that the impugned order A-7 cannot be faulted. We therefore, find no merit in this application. Accordingly, the O.A. is dismissed. Parties shall bear their respective costs.