Patna High Court - Orders
Dr.Anil Kumar Singh vs The State Of Bihar & Ors on 20 August, 2014
Author: Sharan Singh
Bench: Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1149 of 2010
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Dr.Anil Kumar Singh S/O Sri Janardan Singh R/O Vill.- Basudeva, P.S.
Singhia, Distt.- Samastipur, Presently Posted As Reader In The Subject Of
Sociology In Kunwar Singh College, Darbhanga
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary, Human Resources Development Deptt., Govt.
Of Bihar, Patna
3. The Vice-Chancellor, Lalit Narayan Mithila University, Darbhanga
4. The Registrar, Lalit Narayan Mithila University, Darbhanga
5. The Finance Officer, Lalit Narayan Mithila University, Darbhanga
6. The Principal, V.S.J. College, Raj Nagar
7. The Principal, Marwari College, Darbhanga
8. The Principal, Kunwar Singh College, Laheriasarai, Darbhanga
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Singh
Mr. Pankaj Kumar I
For the Respondent/s : Mr. A.B. Sinha
Mr. C. M. Singh
For the State : Mr. Md. Faiz ahmed, A.C. to G.P.-7
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI
SHARAN SINGH
ORAL ORDER
5 20-08-20141. The issue involved in the present application is short and simple. Whether a teacher acquiring Ph.D. decree during his/ her service career after 01.01.2006, being the date of implementation of this U.G.C. Revised Scale, would be entitled for two advance increments as contemplated under Clause 6(iv) of the U.G.C. package as accepted by the Government of Bihar, is the only question involved in the present case.
2. The petitioner was appointed as Lecturer in Sociology on 27.07.1980. He did not hold Ph.D. degree on the date of his Patna High Court CWJC No.1149 of 2010 (5) dt.20-08-2014 P2/6 appointment. He continued to function as Teacher in various colleges under Lalit Narayan Mithila University, Darbhanga. He was awarded Ph.D. degree on 31.01.2007. This is not in dispute that 6th Revised Pay Scale was implemented for teaching employees in various colleges and universities of the State of Bihar. Clause-6 of the U.G.C. package as accepted by the Government of Bihar reads thus:-
"6. Incentives of Ph. D / M. Phil.-(i) Four and two increments will be admissible to those who hold Ph.D. and M. Phill degree, respectively, at the time of recruitment as Lecturers. Candidates with D. Litt/D. Sc. should be given benefit on par with Ph.D. and M. Litt. on par with M. Phil.
(ii) One increment will be admissible to these teachers with M. Phil who acquire Ph.D. within two years recruitment.
(iii)A Lecturer with Ph.D. will be eligible for two advance increments when she/he moves into Selection Grade/Reader.
(iv) A teacher will be eligible for two advance increments as and when she/he acquires a Ph.D. degree in her/his service career."
3. Since the petitioner acquired Ph. D degree on 31.01.2007, in terms of the said Clause 6(iv) of U.G.C. Scale, he was allowed two increments with effect from the date of acquisition of Ph.D. degree by letter No. 569/08 dated 11.01.2008. The benefit granted to the petitioner of two advance increments through letter dated 11.01.2008 has been withdrawn while fixing the revised pay scale of the teachers appointed prior to 01.01.1996. It is the case of the petitioner that re-fixation has been done, adversely affecting the petitioner's right without assigning any reason, by withdrawing Patna High Court CWJC No.1149 of 2010 (5) dt.20-08-2014 P3/6 the two increments, granted to him earlier.
4. Learned counsel appearing on behalf of the petitioner has submitted that the decision of the University to withdraw the increments earlier granted to him is violative of principle of nature justice as no notice was given to him before withdrawing the privilege which was earlier extended to him. He secondly submits that in terms of Clause 6(iv) of the U.G.C. package as accepted by the State of Bihar vide letter No. 1300 dated 10.07.2001, issued by the Department Higher Education, Government of Bihar, the petitioner is entitled for two advance increments upon acquiring Ph.D. degree during his service career.
5. A counter affidavit has been filed on behalf of the Respondents-University stating therein that there is no provision for granting two increments as per 6th Pay Revision effective from 01.01.2006. It has been stated that petitioner would not be entitled for increments on the ground of acquisition of Ph.D. degree on a date subsequent to the date of implementation of 6th U.G.C. Revised Scale.
6. The University has also brought on record letter No. 166/13 dated 11.03.2013 by which the petitioner's claim for grant of two increments on acquisition of Ph.D. degree has been rejected on the ground that he acquired the said Ph.D. degree on Patna High Court CWJC No.1149 of 2010 (5) dt.20-08-2014 P4/6 31.07.2006 which is subsequent to 01.01.2006, the date of implementation of 6th U.G.C. Revised Scale.
7. Learned counsel appearing on behalf of the petitioner has produced before this Court, the scheme for re-fixation of pay of teachers and equivalent cadres of universities and colleges following revision of pay scale of Central Government employees on the recommendation of 6th Central Pay Commission. Referring to Clause 7 of the said scheme, learned counsel for the petitioner contends that as per the said scheme the teachers who has completed Ph.D. degree while in service would be entitled for three non-compoundable increment if such Ph.D. degree 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-working and evaluation etc.
8. There is no dispute that the 6th U.G.C. pay scale has been made effective from 01.01.2006. The benefits of two or three advance increments on acquisition of Ph.D. degree, in my opinion, can be denied only if the university/authorities come to a conclusion that the concerned teacher was awarded the said degree without complying with the process prescribed by the U.G.C. for enrollment, course-working and evolution etc.
9. In such view of the matter, I consider it appropriate to Patna High Court CWJC No.1149 of 2010 (5) dt.20-08-2014 P5/6 remand the matter back to the Vice Chancellor, Lalit Narayan Mithila University, Darbhanga to consider the petitioner's case afresh. The petitioner will not be denied two increments with effect from the date of acquisition of Ph.D. if the Ph.D. was awarded by the University after following the process prescribed by U.G.C. for enrollment, course-working and evolution etc. If the petitioner is able to satisfy the Vice-Chancellor on these aspects, the increments will not be denied and the petitioner will be given full benefit of increments on acquisition of Ph.D. degree with effect from date of acquisition of such degree. This is made clear and reiterated that before denying the petitioner's claim for two increments, the Vice Chancellor will have to record in writing that the Ph.D. was awarded upon the petitioner without complying with the process prescribed by the U.G.C. for enrollment, course- working and evolution etc. The decision must be taken by the Vice Chancellor of the University within a period of three months from the date of receipt/production of a copy of this order.
10. If the petitioner is found entitled to the increments which he has claimed for, the entire difference of salary giving him two increments from the date of acquisition of Ph.D. degree shall be calculated and paid to him within a period of two months thereafter.
Patna High Court CWJC No.1149 of 2010 (5) dt.20-08-2014
P6/6
11. This application is disposed of accordingly.
12. The petitioner will be at liberty to raise his claim before the Vice-Chancellor as regards payment of arrears of salary consequent upon introduction of Revised U.G.C. Scale. If such claim is raised before the Vice-Chancellor to treat the petitioner equally with other similarly situated persons in the matter of payment of such arrears, the Vice-Chancellor will be required to pass appropriate order in a manner that he is not discriminated against those who are similarly situated.
13. This application is disposed of accordingly.
(Chakradhari Sharan Singh, J.) Saif/-
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