Central Administrative Tribunal - Chandigarh
Dr Amit Sharma vs Technical Education Chandigarh on 16 May, 2025
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CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
O.A. No. 494/2025
Chandigarh, this the 16th day of May, 2025
HON'BLE MR. SURESH KUMAR BATRA, MEMBER (J)
HON'BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)
Dr. Amit Sharma son of Shri O.C. Sharma, aged 48 years, Assistant
Professor, Government College of Arts, Sector 10-C, Chandigarh-
160011.
...Applicant
(BY ADVOCATE: Sh. Harish Chandra along with Ms. Ruchika)
VERSUS
1. Union Territory, Chandigarh through its Administrator, Union
Territory, Sector 9, Chandigarh-160009.
2. The Chief Secretary, Union Territory, Chandigarh Administration, Sector
9, Chandigarh-160009.
3. Secretary Technical Education, U.T. Chandigarh, Chandigarh
Administration, Sector 9, Chandigarh-160009.
...Respondents
(BY ADVOCATE: Sh. Arvind Moudgil)
O R D E R(Oral)
Per: SURESH KUMAR BATRA, MEMBER (J):
1. The applicant has filed instant O.A under Section 19 of the Administrative Tribunals Act, 1985 seeking direction to the respondents to consider and promote the applicant as Associate Professor under Career Advancement Scheme w.e.f. 23.07.2021 with arrears of pay and allowances and interest on such payment @ 18% per annum from the date, the amount Digitally signed by MANDEEP SINGH MANDEEP SINGH Reason:
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became due to the actual date of payment and seniority also, by conducting meeting of the CAS Committee in a time bound manner.
2. Briefly stated the applicant initially joined service as Lecturer (Assistant Professor) through Union Public Service Commission w.e.f. 23.07.2007. As per AICTE guidelines, benefit of designation of Associate Professor in higher AGP under Career Advancement Scheme was to be granted to the applicant w.e.f. 23.07.2021. He has done PhD in Ancient Indian History and Culture and Archaeology.
3. The AICTE issued Gazette Notification dated 08.11.2012 notifying "All India Council for Technical Education (Career Advancement Scheme for the Teachers and other Academic Staff in Technical Institutions) (Degree) Regulations, 2012. As per para 3.1 Entry level Assistant Professor (Stage I) would be eligible for promotion under the CAS through two successive stages, i.e. stage 2 and stage 3. As per para 3.7 Assistant Professors who have completed five years of service in the grade of Rs.7000 (stage 2) shall be eligible, subject to meeting the API based PBAS requirements laid down by Regulations to move to next higher grade of Rs.8000 (stage 3). Under it, as per para 3.8, Assistant Professor completing three years of teaching in the grade of Rs.8000 (stage 3) shall be eligible, subject to the qualifying conditions and the API based PBAS requirements prescribed by these regulations, to move to the Pay Band of Rs.37400-67000 with next higher grade of Rs.9000 (stage 4) and to be designated as Associate Professor.
4. It has been pleaded that as per 7th CPC clarifications on Degree/Diploma issued on 20.5.2020, Regulations shall be effective from the date of notification of the regulations. However, to avoid hardship to those faculty members, who have already qualified or are likely to qualify Digitally signed by MANDEEP SINGH MANDEEP SINGH Reason:
Date: 2025.05.3015:18:47+05'30' 3
shortly under the existing regulations, a choice may be given to them for being considered for promotion under the existing Regulations. This can be exercised by Degree and Diploma teachers, both but only within three years from the date of notification of the Regulation. Further, vide public notice dated 10.03.2025, the AICTE extended the deadline or exercising the option for promotion under the CAS till 31.12.2024. This extension was aimed to mitigate hardships faced by faculty members who have already qualified for promotion under CAS and such faculty members were given choice to be considered for promotion under the said notifications. The applicant has done Ph.D in Faculty of Arts (Ancient Indian History and Culture & Archaeology.) The applicant became eligible for promotion under CAS to the post of Associate Professor w.e.f. 23.07.2021, but the respondents have not taken any action.
5. The applicant submitted representations dated 15.01.2019, 06.06.2023 and 12.09.2024, (Annexures A-2, A-3 and A-4). However, the respondents are yet to conduct the meeting of the CAS Committee with regard to promotion of applicant as Professor. Learned counsel for the applicant submits that the applicant will be satisfied, if, the respondents are directed to consider and decide the contention of the applicant as mentioned in representations dated 15.01.2019, 06.06.2023 and 12.09.2024, (Annexures A-2, A-3 and A-4) within a time bound manner by passing a reasoned and speaking order.
6. Mr. Arvind Moudgil, Nodal Officer for Chandigarh Administration appears on behalf of the respondents and conceded the limited prayer of the applicant for redressal of the grievance of the applicant by way of representations dated 15.01.2019, 06.06.2023 and 12.09.2024, (Annexures A-2, A-3 and A-4).
Digitally signed by MANDEEP SINGH MANDEEP SINGH Reason:
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7. In view of the aforesaid, we deem it appropriate to dispose of the original application without entering into the merits of the case with direction to the respondents to consider and decide the representation of the applicant dated 15.01.2019, 06.06.2023 and 12.09.2024, (Annexures A- 2, A-3 and A-4) within six weeks by passing a reasoned and speaking order as per the relevant rules on the subject.
8. The O.A is disposed of accordingly.
(RASHMI SAXENA SAHNI) (SURESH KUMAR BATRA)
Member (A) Member (J)
ms*
Digitally signed by MANDEEP
SINGH
MANDEEP SINGH Reason:
Date: 2025.05.30
15:18:47+05'30'