Madras High Court
S.Rajangam vs The Secretary For Education-Cum-The ... on 20 April, 2023
Author: J.Sathya Narayana Prasad
Bench: J.Sathya Narayana Prasad
W.P.No.2578 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.04.2023
CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD
Writ Petition No.2578 of 2012
and
M.P.No.1 of 2012
S.Rajangam ... Petitioner
Vs.
1.The Secretary for Education-cum-The Chairman,
PIPMATE,
Chief Secretariat (Education), Govt. of Puducherry,
Puducherry – 605 001.
2.Member Secretary,
Pondicherry Institute of Post Matric Technical Education (PIPMATE),
Lawspet, Puducherry – 605 008.
3.The Principal,
Women's Polytechnic College (PIPMATE),
Lawspet, Puducherry – 605 008.
4.All India Council for Technical Education,
Rep. by the Chairman,
Chandralok Buildings, 7th Floor,
Opp: Western Court, Janpath Road,
New Delhi – 110 001.
5.The University Grants Commission,
Rep. by its Chairman,
Page No.1 of 9
https://www.mhc.tn.gov.in/judis
W.P.No.2578 of 2012
Bahadur Shah Safar Marg,
New Delhi – 110 002. … Respondents
Writ Petition filed under Article 226 of Constitution of India, praying
for issuance of Writ of Mandamus directing the 1st and 2nd respondents to
place the petitioner in the pay scale of Rs.8000-13,500 with effect from the
date of appointment in the appropriate stage and further place him in the
corresponding revised Pay Band of Rs.15600-39100 with Grade Pay of
Rs.6000 with effect from 01.01.2006 and also grant additional increments for
possessing higher qualification of M.Phil Degree with all monetary benefits
including arrears of pay.
For Petitioner : Mr.Karthik
For Respondents 1 to 3 : Mr.T.M.Naveen
For Respondent 4 : Mr.B.Rabu Manohar
For Respondent 5 : Mr.P.R.Gopinathan
ORDER
The relief sought by the petitioner in this writ petition is to direct the 1st and 2nd respondents to place the petitioner in the pay scale of Rs.8000-13,500 with effect from the date of appointment in the appropriate stage and further place him in the corresponding revised Pay Band of Rs.15600-39100 with Page No.2 of 9 https://www.mhc.tn.gov.in/judis W.P.No.2578 of 2012 Grade Pay of Rs.6000 with effect from 01.01.2006 and also grant additional increments for possessing higher qualification of M.Phil Degree with all monetary benefits including arrears of pay.
2. The case of the petitioner is that the petitioner viz., S.Rajangam was entered the service as Librarian in the Dr.B.R.Ambedkar Polytechnic College, Yanam (PIPMATE) on 05.06.2007 in the time scale of Rs.5500- 9000/- and at the time of filing this writ petition, he was worked as a Librarian in the third respondent college. The petitioner possesses B.A. (Economics), M.A. Sociology, M.L.I.S. First class (Masters Degree in Library Science) and M.Phil Degree. Thereafter, the fourth respondent/AICTE formulated revision of pay scales and service conditions for diploma level technical institutions in the country and as per these recommendations dated 30.12.1999, the revised scales of pay for the post of Librarian in diploma level technical institutions were revised to Rs.8000- 13,500/-. Furthermore, for persons possessing M.Phil degree, two additional increments are to be granted.
Page No.3 of 9 https://www.mhc.tn.gov.in/judis W.P.No.2578 of 2012 2.1. Despite the above notification, the pay scale attached to the post of Librarian was not revised and no specific recommendation was made with regard to the qualifications necessary for the post of Librarian. Subsequently, on 10.09.2003, the fourth respondent/AICTE issued clarifications with regard to the pay scales and service conditions for appointees in degree/diploma level technical institutions and stated that the qualifications required for the aforesaid post would be as per the qualifications laid down by the fifth respondent/UGC. Further, the fourth respondent/AICTE relaxed the prescribing eligibility requirements for the post of Librarians in Engineering and Management Colleges by exempting the persons, who were holding M.Phil and Ph.D. Degree from NET test.
2.2. In view of the above, the petitioner made a query before the fourth respondent/AICTE, whether, the aforesaid service conditions will applicable to diploma level technical institutions. In turn, the fourth respondent/AICTE dated 15.06.2010, replied that teachers who possess First Class Degree in M.Lib and working in the diploma level technical institutions are exempted from NET test. The petitioner satisfied the said qualification and therefore, Page No.4 of 9 https://www.mhc.tn.gov.in/judis W.P.No.2578 of 2012 he made a representation seeking enhancement of his pay scales to Rs.8000- 13,500/- with effect from the date of initial appointment. However, no orders was passed. Hence, he filed this writ petition with the aforesaid prayer.
3. When the matter was taken up for hearing, learned counsel appearing for the fourth respondent/AICTE submitted a clarification report dated 10.03.2023 before this Court. For better appreciation, relevant passage of the said report is extracted hereunder:
“ It is mentioned that AICTE has already prescribed the entry level qualification for Librarians for Engineering and Technology and Management vide its Gazette Notification dated 15.03.2000 at Table 7, Page No.35. Further the Council is empowered to frame guidelines with respect to the qualifications for the staff in technical institutions under its ambit vide Section 23 read with Section 10(g),(h) and (i) of the All India Council for Technical Education Act, 1987. Accordingly, the Council has relaxed the requirement of NET for those who are first division in Master's of Library Science (M.Lib). The appointment, promotion etc. is the functions of the concerned DTE/University/Institutions and this Council does not act as an Appellate/Reviewing authority since this is not the mandate of AICTE. It is within the competency of this Council to issue clarifications to DTEs in the context of Regulations issued by AICTE as and when the same is sought by them.” Page No.5 of 9 https://www.mhc.tn.gov.in/judis W.P.No.2578 of 2012
4. Learned counsel for the petitioner prayed this Court to issue a direction to the respondents 1 to 3 to grant all the monetary benefits, arrears and increment, which are payable to the petitioner, within a time frame that may be fixed by this Court.
5. Heard the learned counsel on either side and perused the materials available on record.
6. Considering the facts and circumstances of the case and the submission made by the learned counsel on either side, this Court issues the following directions:
(i) In regard to the grant of terminal benefits and arrears payable to the petitioner, the respondents 1 to 3 are directed to pass appropriate orders, within a period of six weeks from the date of receipt of a copy of this order.
(ii) In regard to increment, which the petitioner is entitled, the Page No.6 of 9 https://www.mhc.tn.gov.in/judis W.P.No.2578 of 2012 respondents 1 to 3 are directed to consider this aspect, while passing orders.
6. This writ petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed.
20.04.2023
vm
Index : Yes/No
Speaking Order : Yes/No
Netural Citation : Yes/No
To:
1.The Secretary for Education-cum-The Chairman, PIPMATE, Chief Secretariat (Education), Govt. of Puducherry, Puducherry – 605 001.
2.Member Secretary, Pondicherry Institute of Post Matric Technical Education (PIPMATE), Lawspet, Puducherry – 605 008.
3.The Principal, Women's Polytechnic College (PIPMATE), Lawspet, Puducherry – 605 008.
4.All India Council for Technical Education, Rep. by the Chairman, Chandralok Buildings, 7th Floor, Page No.7 of 9 https://www.mhc.tn.gov.in/judis W.P.No.2578 of 2012 Opp: Western Court, Janpath Road, New Delhi – 110 001.
5.The Chairman, University Grants Commission, Bahadur Shah Safar Marg, New Delhi – 110 002.
J.SATHYA NARAYANA PRASAD,J.
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