Himachal Pradesh High Court
Punam Chauhan & Anr vs State Of H.P. & Anr on 22 August, 2023
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 1251/2023 Decided on: 22.08.2023 .
Punam Chauhan & Anr. ....Petitioners Versus State of H.P. & Anr. ......Respondents ............................................................................................. Coram Ms. Justice Jyotsna Rewal Dua, Judge.
of Whether approved for reporting?1 Yes.
For the petitioner : Mr. Neeraj Sharma and Mr. Hemant
rt Kumar Thakur, Advocates.
For the respondents : Mr. Anup Rattan, Advocate General
with Mr. Rajat Chauhan, Law Officer.
Jyotsna Rewal Dua, J
The petitioners are not being granted the benefits of Career Advancement Scheme by the respondents on the ground that they have not undertaken Orientation Course and Refresher Course after regularization of their services, whereas according to the petitioners they have already attended and completed these courses during the period of their contractual services, hence, are not required to undertake the same courses again post their regularization.
1Whether reporters of the local papers may be allowed to see the judgment? yes ::: Downloaded on - 26/08/2023 20:32:38 :::CIS 2
2. Facts 2(i) Petitioners were engaged on contract basis as .
Assistant Professors (College Cadre) in the subjects of English and Political Science respectively. Petitioner No.1 was engaged on 07.09.2009 and petitioner No.2 was engaged on 17.04.2010.
2(ii) Petitioner No.1 attended the Orientation of Programme/Course from 31.05.2010 to 26.06.2010 and Refresher Course w.e.f. 30.05.2011 to 18.06.2011. Petitioner No.2 attended rt the Orientation Programme from 11.11.2013 to 06.12.2013 and Refresher Course w.e.f. 02.04.2012 to 27.04.2012.
2(iii) The respondents issued a notification on 17.03.2012 regarding adoption of Academic Performance Indicators (API) based Appraisal System (PBAS) for promotions of Teachers and other equivalent cadres of Government Degree Colleges, Government Sanskrit Colleges and Librarians (College Cadre) under Cadre Advancement Scheme. The notification was in suppression of earlier notification dated 07.05.1999 as amended from time to time. In terms of notification dated 17.03.2012 (Annexure P-3), the Himachal Pradesh Higher Education Department (Minimum Qualifications for Promotions of Teachers and other equivalent cadres and Librarians (college cadre) of ::: Downloaded on - 26/08/2023 20:32:38 :::CIS 3 Government Degree Colleges, Government Sanskrit Colleges and other measures for the Maintenance of Standards) Regulations, .
2012 came into force with immediate effect.
2(iv) Appendix-III Table-III of the notification provided Minimum Academic Performance and service requirements performance for promotion of Teachers in Colleges. The of parameters prescribed for the post of Assistant Professor for promotion from Stage-1 to Stage-2 rt in the appendix of the notification dated 17.03.2012 are as under:-
Sr. Promotion of Service requirement Minimum Academic No Teaching through performance CAs requirements and screening/selection criteria 1 Assistant Assistant professor (i) Minimum API scores Professor/equivalent in stage 1 and using PBAS scoring cadres from stage 1 completed four proforma developed by the to stage 2 years of service with Department of Higher Ph.D or five years of Education as per the service who are with norms provided in table if M.Phil/PG Degree in (b) of Appendix III.
Professional Course
(ii) One orientation and such as one refresher research LLM,M.Tech. or six Methodology course of years or service who 2/3 weeks duration.
are without
Ph.d/M.Phill/PG (iii) Screening such
Degree in verification process for
Professional course. recognition promotion.
One of the conditions prescribed in the above extracted tabulation for being eligible to be considered for the ::: Downloaded on - 26/08/2023 20:32:38 :::CIS 4 grant of benefit of Career Advancement Scheme is that the incumbent must satisfy requirement of having undergone one .
orientation and one refresher/research methodology course of 2/3 weeks duration.
2(v) Petitioner No.1 completed his Ph.D degree in English and his services were regularized as Assistant Professor (English) of in the pay-scale of Rs.15,600-39,100 + 6,000 Grade Pay on 20.08.2015. Petitioner No.2 also completed his Ph.D degree. His rt services were also regularized as Assistant Professor (Political Science) on 10.05.2016. Both the petitioners have not been conferred the benefits of Career Advancement Scheme notified on 17.03.2012 on account of the fact that they have not undergone the Orientation Programme and Refresher Course post their regularization. Aggrieved, the petitioners have preferred the instant petition, claiming following substantive relief:-
"That a writ in the nature of mandamus may very kindly be issued to the respondents, thereby directing them to consider the refresher course and orientation course done by the petitioners during their contractual service as per Annexure P-2 for the purpose of granting benefit of Career Advancement Scheme, from the date of completion of four years regular service i.e. 2019/2020 alongwith all consequential benefits."::: Downloaded on - 26/08/2023 20:32:38 :::CIS 5
3. Contentions 3(i) Learned counsel for the petitioner submitted that the .
petitioners have already undergone the orientation as well as refresher course during their contractual services. Merely because they have not undergone the courses after regularization of their services, benefits of Career Advancement Scheme cannot of be denied to them. Reference was also made to an office communication dated 05.04.2018 (Annexure P-5), whereby the rt respondents have decided to consider/count the orientation course done during contractual service for Career Advancement Scheme.
Pointing out the University Grants Commission (UGC) letter dated 17.05.2001 (Annexure P-7), it was submitted that UGC has already 'exempted a Ph.D holder from having not attended one course whether refresher or orientation course as regards the eligibility for promotion under the Career Advancement Scheme to Lecturer (Sr. Scale)'. A submission was made that orientation course undertaken during contractual service has already been decided to be counted towards Career Advancement Scheme by the respondents/State vide its decision dated 05.04.2018, hence in view of UGC communication dated 17.05.2001, the petitioners ::: Downloaded on - 26/08/2023 20:32:38 :::CIS 6 were even otherwise entitled for exemption from attending refresher course post their regularization.
.
On the basis of above submissions, prayer was made to direct the respondents to grant the benefits of Career Advancement Scheme to the petitioners.
3(ii) Resisting the petition, learned Law Officer submitted of that the benefits of Career Advancement Scheme can be granted to the petitioners only in terms of notification dated 17.03.2012, rt whereunder Regulations 2012 were notified. In terms of this notification/regulations, one orientation and one refresher course alongwith minimum API scores is required for awarding Pay Band-II (Senior Scale). The petitioners though have undertaken these courses but during their contractual service. The purpose of orientation programme is to provide basic training on the requirement of the profession. Hence, the Government vide letter dated 05.04.2018 has allowed to consider/count only the orientation course done during the contractual service for Career Advancement Scheme. Refresher course is counted for achieving API score for awarding scales. Accordingly, there is no justification in the contention of the petitioners for allowing them the benefits of ::: Downloaded on - 26/08/2023 20:32:38 :::CIS 7 Career Advancement Scheme even when they have not undertaken refresher course after regularization of their services.
.
4. Heard learned counsel for the parties and considered the case file. My observations are as under:-
4(i) It is not in dispute that the petitioners have undertaken both the required courses i.e. (i) Orientation Programme (ii) of Refresher Course during their contractual service. It is the case of the petitioners that their names were sponsored by the rt respondents for undertaking such courses/programmes during their contractual service. It is not in dispute that the petitioners had successfully completed these courses/programmes.
4(ii) On an inquiry made by the Court, learned counsel on both sides admitted that the nature, the duration and subjects of the two courses remain the same irrespective of the fact whether the courses are undertaken by the incumbents during the contractual service or after regularization of their services. Thus, even if the stand of the respondents/State is to be accepted that would mean that the petitioners will be required to undertake the same very courses, which they have already qualified during their contractual services. It has also not been disputed before the Court that the regular incumbents have also undertaken the same ::: Downloaded on - 26/08/2023 20:32:38 :::CIS 8 courses as undergone by the petitioners during the period of their contractual services. That being the position, the object in directing .
the petitioners to undergo the same courses again after their regularization when they have already undertaken the courses during the period of their contractual service is not understandable. Neither the said direction achieves any object nor of the same has any nexus with the duties performed by the petitioners. It is not the case of the respondent that the job profile rt of the petitioners undergoes any change after regularization of their services.
4(iii) The notification/regulations dated 17.03.2012 only prescribe the eligibility criteria for grant of benefits under the regulations. In terms of the notification, the person concerned must have undertaken these courses. The notification/regulations do not limit the grant of Career Advancement Scheme to such courses which are undertaken only after regularization of services.
The notification does not stipulate that the courses undertaken during the contractual service are not to be considered.
4(iv) The respondents/State have already issued office letter dated 05.04.2018, relevant portion of which reads as under:-
"From The secretary (Hr. Edu.) to the Government of Himachal Pradesh.::: Downloaded on - 26/08/2023 20:32:38 :::CIS 9
To The Director of Higher Education Himachal Pradesh, Shimla-1 Dated Shimla-2, 05.04.2018 .
Subject:- Request to consider the orientation course during the contractual period of contract teachers regularization of their services. Sir.
I am directed to refer to your letter No. EDN- H(8)B(7)UGC- Regularization dated 16" March, 2018 on the subject cited above and to say that on re-consideration of the matter it is found that the orientation course is to provide basic of training on the requirement of the profession, thus it seems to be immaterial if the course is done either on contractual service or on regular. Therefore, it is allowed to consider/count the orientation course done even during contractual service or for that matter other category of teachers (if done) for Career Advancement rt Scheme (CAS) on regularization.
Yours faithfully Sd/-
(Naresh Thakur) Joint Secretary (Hr.Edu.) to the Government of Himachal Pradesh"
In terms of above office communication, the respondents have already decided to count orientation course undertaken during contractual service for the purposes of conferment of benefits under the Career Advancement Scheme.
The University Grants Commission on 17.05.2001 had granted exemption from refresher/orientation courses for teachers holding Ph.D degree in University/Colleges for promotion under Career Advancement Scheme. It would be appropriate to extract the relevant para from this office communication:-
"The Registrar ::: Downloaded on - 26/08/2023 20:32:38 :::CIS 10 All Universities The Education Secretaries (All State Governments) .
The Officer In charge (All Regional Offices of UGC) Sub: Exemption from Refresher/Orientation Courses for Teachers Holding Ph.D Degrees in Universities/Colleges from Promotion Under Career Advancement Scheme of Dear Sir/Madam, The UGC has been receiving repeated queries regarding exemption from Orientation/Refresher Courses for rt teachers holding Ph.D degree in University/Colleges for promotion under Career Advancement Scheme to Lecturer (Sr. Scale). The matter has been examined. The following decisions has been taken in this regard.
1. A Ph.D. holder may be exempted for not having attended one course whether refresher or orientation courses as regards the eligibility for promotion under the Career Advancement Scheme to Lecturer (Sr. Scale).
2. M.Phil. can not be equated to Ph.D in this regard.Madam."
Even in terms of above communication, the University Grants Commission had granted exemption from not attending one course i.e. either refresher or orientation course as regards eligibility for promotion under the Career Advancement Scheme to lecturer/senior Scale. The refresher course has been treated at par with the orientation course. In terms of office communication dated 17.05.2001 exemption can be granted for not attending one ::: Downloaded on - 26/08/2023 20:32:38 :::CIS 11 of the either courses. The State Government has already decided in its office communication dated 05.04.2018 to count orientation .
course undertaken during the contractual service. Taking the case to the extreme, the petitioners can be granted exemption from attending the other course i.e. refresher course.
5. The Conclusion of In view of above discussions, there is merit in the contentions of the petitioners that having undertaken the rt orientation as well as refresher courses during the period of their contractual service, there is no justification to deny them the benefits of Career Advancement Scheme only on the ground that they have not undergone the same courses after regularization of their services. As observed earlier, no such condition is there in the Career Advancement Scheme dated 17.03.2012 that such courses must be done after regularization of the services. No object is going to be achieved by directing the petitioners to undergo the orientation and refresher courses after regularization of their services when they have already completed these courses during their contractual services. The nature, course profile, duration & subjects of the courses remain the same irrespective of the fact whether the course are undertaken during contractual or ::: Downloaded on - 26/08/2023 20:32:38 :::CIS 12 regular service. The University Grants Commission has already granted exemption from undertaking one of the exempted courses .
refresher or orientation and has, thus, equated both the courses.
For all reasons given in paragraph-4 above, this writ petition is allowed. Respondents are directed to grant the benefits of Career Advancement Scheme dated 17.03.2012 to the petitioners from of due dates alongwith all consequential benefits. This shall, however, be subject to fulfillment of other requisite conditions.
rt Necessary orders in this regard be passed within four weeks.
The present petition is disposed of in above terms.
Pending miscellaneous application(s), if any, shall also stand disposed of.
Jyotsna Rewal Dua Judge 22nd August 2023 (Rohit) ::: Downloaded on - 26/08/2023 20:32:38 :::CIS