Madhya Pradesh High Court
Dr. (Ms) Sujata Parwani vs Higher Education Department on 21 January, 2025
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
NEUTRAL CITATION NO. 2025:MPHC-IND:1547 -1- W.P.no.15351/2022 with
connected matters
IN THE HIGH COURT OF MADHYA PRADESH
AT I N D O R E
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 21st OF JANUARY, 2025
WRIT PETITION No. 15351 of 2022
DR. (MS.) ANSHU BHATI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
WITH
WP/26960/2018, WP/27115/2018, WP/27458/2018, WP/27479/2018, WP/27747/2018,
WP/18536/2019, WP/5321/2020, WP/5346/2020, WP/5350/2020, WP/5352/2020, WP/
15356/2022, WP/15366/2022, WP/15706/2022, WP/15712/2022, WP/15818/2022,
WP/15822/2022, WP/15824/2022, WP/15829/2022, WP/15835/2022, WP/15842/2022,
WP/16278/2022, WP/16280/2022, WP/16285/2022, WP/16287/2022, WP/16400/2022,
WP/16401/2022, WP/16442/2022, WP/16567/2022, WP/16571/2022, WP/16572/2022,
WP/16573/2022, WP/16575/2022, WP/16578/2022, WP/16579/2022, WP/16580/2022,
WP/16582/2022, WP/16584/2022, WP/16585/2022, WP/16588/2022, WP/16589/2022,
WP/16593/2022, WP/16595/2022, WP/16601/2022, WP/16604/2022, WP/16606/2022,
WP/16760/2022, WP/16761/2022, WP/16762/2022, WP/16765/2022, WP/16936/2022,
WP/16941/2022, WP/16944/2022, WP/17233/2022, WP/17234/2022, WP/18120/2022,
WP/18608/2022, WP/18617/2022, WP/18624/2022, WP/18626/2022, WP/18631/2022,
WP/18632/2022, WP/18635/2022, WP/18638/2022, WP/18642/2022, WP/18645/2022,
WP/18647/2022, WP/18777/2022, WP/19475/2022, WP/19476/2022, WP/19851/2022,
WP/19853/2022, WP/11242/2023
Appearance:
Shri L.C. Patne, advocate for the petitioners.
Shri Vishal Panwar, Govt. Advocate for the respondent/State.
Smt. Rashmi Pandit, Shri Mukesh Kumawat, Shri Abhishek Tugnawat, Shri
Nisheet Wizhard, Shri Shantanu Sharma and Dr. Ajinkya Dagaonkar advocate for
the respondents concerned.
ORDER
1. This order shall also govern the disposal of all the other Signature Not Verified Signed by: MONI RAJU Signing time: 22-01- 2025 10:45:33 NEUTRAL CITATION NO. 2025:MPHC-IND:1547 -2- W.P.no.15351/2022 with connected matters connected Writ Petitions having regard to the commonality of the issues involved.
2. For the sake of convenience, the facts as narrated in Writ Petition No.15351 of 2022 are being taken into consideration.
3. This petition under Article 226 of the Constitution of India has been filed by the petitioners, seeking the following reliefs:-
"7 - (a) to call for the relevant record of the case;
(b) to quash the impugned order dated 14:6:2022:
(Annexure P/15) issued by the Respondent. No.1, by a writ of CERTIORARI or any other appropriate writ direction or order; |
(c) to command the respondents to consider the case of the petitioners for promotion and other financial up gradation under Career Advancement Scheme (CAS) along with all consequential and monetary benefits including arrears of salary and allowances together with interest @12% p.a., by a Writ of MANDAMUS or any other appropriate writ, direction or order;
(d) to allow this petition with, costs;
(e) to-pass such other order(s) as this Hon'ble Court may deem fit in the fact and circumstance of the case to grant relief to the petitioner."
2] Reply to the petition has also been filed by all the respondents. In the reply filed by the respondent/Devi Ahiliya Vishwa Vidhyalaya, Indore, they have relied upon a letter issued by the Additional Secretary, Higher Education Department, Bhopal dated 17.04.2023, wherein it is provided that the State Government had agreed to grant benefits of career advancement scheme (CAS), subject to the terms and conditions specified in the Circular dated 19.05.2006, and presently they have affirmed that under the aforesaid Circular, the University Grant Commission's career advancement scheme (CAS) can be executed, meaning thereby, the petitioners/employees who are Signature Not Verified Signed by: MONI RAJU Signing time: 22-01- 2025 10:45:33 NEUTRAL CITATION NO. 2025:MPHC-IND:1547 -3- W.P.no.15351/2022 with connected matters working the in the self financing courses can be granted the benefits of the Career Advancement Scheme.
3] Counsel for the University have also drawn the attention of this Court to the promotion list in which, as many as 70 persons have been given the benefit of the Scheme, including those who have not filed the petitions. It also submitted that the same benefit shall also be granted to the petitioners with retrospective effect from the date of their entitlement on case wise basis.
4] Shri L.C. Patne, learned counsel for the petitioners, on the other hand, has submitted that although the promotion has been granted to various employees but, as per the instructions received, no monetary benefit has been extended to the petitioners/employees, and otherwise also it is only a partial promotion/benefit, as according to shri Patne, consequential promotions and other benefits of up-gradation are still to be extended to the petitioners. To which, Counsel for the University have submitted that all the benefit of the Scheme shall be provided to the employees as per their entitlement as and when accrued to them. 5] Dr. Ajinkya Dagaonkar, counsel for the respondent no.5/AICTE has also drawn attention of this Court to the reply filed by the concerned respondent in which, the following pleadings have also been made:-
"5. The respondent no.5/ AICTE has issued CAS Regulations, 2012 vide Gazette Notification dated 08.11.2012. These Regulations are applicable to all technical institutions approved by the respondent no.5 / AICTE and universities including deemed to be universities imparting technical education. CAS benefits are available to all teachers working in technical institutions provided they fulfill all other conditions laid down by the respondent no.5/ Signature Not Verified Signed by: MONI RAJU Signing time: 22-01- 2025 10:45:33 NEUTRAL CITATION NO. 2025:MPHC-IND:1547 -4- W.P.no.15351/2022 with connected matters AICTE vide Gazette Notification dated 08.11.2012. No distinction in the matter of grant of CAS benefit has been made on the basis of their working either under management quota or otherwise. It is also to be noted that on 7th Central Pay Commission (CPC) Gazette Notification having come into fore w.e.f. 01.03.2019, no CAS benefit can be granted thereafter as there is no provision of any CAS Scheme under the 7th CPC Regulations, 2019."
6] Be that as it may, this Court in inclined to the dispose of all the petitions with a directions to the respondent/University to grant such benefits of CAS to the petitioners to which they are entitled to, in line with the letter issued by the Additional Secretary, Higher Education Department, Bhopal dated 17.04.2023, within a further period of six months from the date of receipt of the certified copy of this order. 7] Needless to say, all the financial and other consequential benefits viz; promotion and other financial up gradation under Career Advancement Scheme (CAS) including arrears of salary and allowances shall also be granted to the petitioners. 8] With the aforesaid directions, all the petitions stand disposed of.
(SUBODH ABHYANKAR) JUDGE moni Signature Not Verified Signed by: MONI RAJU Signing time: 22-01- 2025 10:45:33