Madhya Pradesh High Court
Dr. Angad Singh Dohre vs The State Of Madhya Pradesh on 8 February, 2018
1 W.P. No. 13832/2016
HIGH COURT OF MADHYA PRADESH : JABALPUR
SINGLE BENCH : JUSTICE MS.VANDANA KASREKAR
WRIT PETITION NO. 13832/2016
Dr. Angad Singh Dohre
Vs.
State of M.P. & Another
Shri Jai Shukla, learned counsel for the petitioner.
Smt. S. Sharma, learned Panel Lawyer for the
respondents/State.
ORDER
(08.02.2018) The petitioner has filed the present petition against the in action of the respondents in not granting him senior pay scale w.e.f. 01.07.2009.
2. The petitioner is working on the post of Assistant Professor (History) and is posted at Government Science College Laundi, District Chhatarpur. He was initially appointed on the said post vide order dated 27.06.2005. He was confirmed on the said post on 2 W.P. No. 13832/2016 15.09.2008 and he was awarded Ph.D. on 19.10.2006. Vide order dated 24.12.2011, the petitioner was granted senior pay scale w.e.f. 01.07.2009 i.e. after the period of four years from the date of appointment. Without giving any show cause notice or giving any opportunity of hearing, the respondents have issued an order dated 21.05.2014 by which the date of grant of senior pay scale was modified and he was granted the same w.e.f. 01.07.2011 instead of 01.07.2009 without assigning any reason. As per the notifications issued by the UGC which is followed by the Government of India Ministry of Human Resources Development and the Government of M.P. Department of Higher Education, the minimum length of service for eligibility of senior pay scale was four years for those who were having Ph.D., five years for MPHIL and 6 years for other Assistant Professors. The UGC has further issued a notification dated 17.08.2015 clarifying that an Assistant Professor who has completed service of four years possessing Ph.D. degree in the relevant discipline shall be 3 W.P. No. 13832/2016 eligible for moving to next senior pay scale. The petitioner has submitted a representation in light of the circular issued by the UGC and other circulars issued by the Government. The petitioner has further stated that the number of Assistant Professors who were granted senior pay scale and selection grade and their orders are cancelled, they have approached to this Court by filing a writ petitions. The said writ petitions were allowed by this Court and directed the respondents to pass a fresh order after giving opportunity of hearing to the petitioners.
3. Learned counsel for the petitioner submits that the petitioner being a similarly situated employee, the said benefit should have also been extended towards him.
4. The respondents have filed their reply and in the said reply, they have stated that there is no illegality or infirmity in the order passed by the respondents. It has stated that it is not in dispute that the petitioner was appointed on the post of Assistant professor on 27.06.2005 and obtained the Ph.D. decree on 19.10.2006. Thus, at the 4 W.P. No. 13832/2016 time of entering into the service, the petitioner did not possesses the Ph.D. decree. It is stated that as per the note appended to Schedule-IV of the M.P. Educational Service (Collegiate Branch) Recruitment Rules, 1990, an Assistant Professor is entitled for placement in the senior pay scale on successful completion of 8 years, 5 years or 7 years of service depending upon the conditions prescribed therein. The Assistant Professor entering in service without Ph.D. decree is entitled for senior pay scale only after 8 years of service. The said position of the recruitment Rules was relaxed vide notification dated 04.10.1999 issued by the State Government whereby the period of service for placing in senior pay scale for an Assistant Professor entering into service without Ph.D. decree was reduced to 6 years from 8 years. Thus, in view of the aforesaid provisions, the petitioner is entitled to get senior pay scale. The respondents have further stated that the circular dated 17.08.2015 issued by the UGC is prospective in nature and the same cannot be given retrospective applicability. 5 W.P. No. 13832/2016
5. The petitioner has filed rejoinder to the said reply and stated that as per Clause-6.8.0 of the notification dated 17.08.2015, it is clear that it is applicable to the petitioner. The persons possessing Ph.D within four years of service are entitled to get the senior pay scale. The impugned order has been passed considering the notification of 2010. It is further stated that in case of similarly situated persons where the petitions were allowed by this Court, the matter was travelled up to the Apex Court and the Apex Court has dismissed the SLPs and in light of the order passed by the Apex Court, the similarly situated persons have granted the senior pay scale w.e.f. 2009.
6. Heard learned counsel for the parties and perused the record. From perusal of the record, it reveals that the petitioner is working on the post of Assistant Professor. He was initially appointed on the said post on 27.06.2005. He was awarded Ph.D. on 19.10.2006. Thereafter, vide order dated 24.12.2011, the petitioner was 6 W.P. No. 13832/2016 granted senior pay scale w.e.f. 01.07.2009 after the period of four years from the date of being eligible for the same. Without issuing any notice, the respondents have passed an order dated 21.05.2014 by which the date of grant of senior pay scale was modified and he was granted the same w.e.f. 01.07.2011 instead of 01.07.2009 without assigning any reason. Some of the Assistant Professors who are similarly situated, they have filed the writ petitions before this Court i.e. W.P. No. 17665/2012 (Dr. Nitya Ranjan Das Vs. State of M.P. and Others) and other connected writ petitions. The said writ petitions were disposed of vide order dated 06.04.2015 thereby directing the respondents to pass a fresh order after issuing notice and giving opportunity of hearing to the petitioner. In the present case also, no such notice or any opportunity of hearing was given to the petitioner before passing the impugned order.
7. On this short ground alone, I allow this writ petition. The impugned order dated 21.05.2014 by which the date of grant of senior pay scale was modified w.e.f. 7 W.P. No. 13832/2016
01.07.2011 is hereby set aside and the respondents are granted a liberty to pass a fresh order after giving opportunity of hearing to the petitioner.
(Ms.Vandana Kasrekar) Judge ashish Digitally signed by ASHISH KUMAR LILHARE Date: 2018.02.08 03:24:19 -08'00'