Dr. D.R. Dubey vs The State Of Madhya Pradesh on 19 September, 2022

[Cites 1, Cited by 9]

Madhya Pradesh High Court

Dr. D.R. Dubey vs The State Of Madhya Pradesh on 19 September, 2022

Bench: Maninder S Bhatti

1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S BHATTI
ON THE 19th OF SEPTEMBER, 2022

WRIT PETITION No. 16493 of 2016

BETWEEN:-
1. DR. D.R. DUBEY S/O SHRI ONKAR PRASAD
DUBEY, AGED ABOUT 52 YEARS, OCCUPATION:
PROFESSOR CIVIL ENGINEERING INDRA
GANDHI GOVERNMENT ENGINEERING
COLLEGE SAGAR (MADHYA PRADESH)

2. DR. ANURAG TRIVEDI S/O LATE SHRI B S
TRIVEDI, AGED ABOUT 51 YEARS,
OCCUPATION: ASSOCIATE PROFESSOR
(LECTRICAL ENGINEERING) INDRA GANDHI
GOVERNMENT ENGINEERING COLLEGE
SAGAR (MADHYA PRADESH)

3. PROPESSOR S K SALUJA S/O SHRI B L SALUJA,
AGED ABOUT 58 YEARS, OCCUPATION:
ASSOCIATE PROFESSOR (MECHANICAL
ENGINEERING) INDRA GANDHI GOVERNMENT
ENGINEERING COLLEGE SAGAR (MADHYA
PRADESH)

4. DR. N L PRAJAPATI S/O LATE VISHNU
PRAJAPATI, AGED ABOUT 52 YEARS,
OCCUPATION: ASSOCIATE PROFESSOR
(ELECTRONICE AND TELE COMMUNICATION )
INDRA GANDHI GOVERNMENT ENGINEERING
COLLEGE SAGAR (MADHYA PRADESH)

.....PETITIONER
(BY SHRI D.K. DIXIT, ADVOCATE )

AND
1. THE STATE OF MADHYA PRADESH SECRETARY
DEPARTMENT OF TECHNICAL EDUCATION
AND SKILL DEVELOPMENT MANTRALAYA,
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)

2. DIRECTOR TECHNICAL EDUCATION AND
MANPOWER PLANNING DEPARTMENT
Signature Not Verified
Signed by: AJAY KUMAR
CHATURVEDI
Signing time: 9/21/2022
2:49:18 PM
2
SATPURA BHAWAN (MADHYA PRADESH)

3. PRINCIPAL INDRA GANDHI GOVT.
ENGINEERING COLLEGE INDRA GANDHI
GOVERNMENT ENGINEERING COLLEGE
SAGAR (MADHYA PRADESH)

.....RESPONDENTS
(BY SHRI SANJEEV KUMAR SINGH, PANEL LAWYER )

WRIT PETITION No. 20653 of 2016

BETWEEN:-
1. DR. MANOJ SINGH S/O SHRI GAJRAJ SINGH,
AGED ABOUT 53 YEARS, 79-C SECTOR
INDRAPURI BHOPAL (MADHYA PRADESH)

2. DR. MUKESH LALJI S/O LATE LALJIRAM, AGED
ABOUT 51 YEARS, R/O F 5/2 PROFESSOR
COLONY BHOPAL (MADHYA PRADESH)

3. DR. A.K. JAIN S/O NATHURAM JAIN, AGED
ABOUT 52 YEARS, R/O 87 DK COTTAGE NEAR
DANA PANI RESTORANT BHOPAL (MADHYA
PRADESH)

4. DR. AS TOMAR S/O H.S.TOMAR, AGED ABOUT
45 YEARS, F 1/4 1100 QRTS BHOPAL (MADHYA
PRADESH)

.....PETITIONER
(BY SHRI ADITYA KHANDEKAR, ADVOCATE)

AND
1. THE STATE OF MADHYA PRADESH THR.
PRINCIPAL SECRETARY DEPARTMENT OF
TECHNICAL EDUCATION MANTRALAYA,
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)

2. DIRECTOR INFORMATION TECHNOLOGY
D EPARTM EN T SATPURA BHAWAN BHOPAL
(MADHYA PRADESH)

3. PRINCIPAL SARDAR VALLABH BHAI PATEL
POLYTECHNIC COLLAGE POLYTECHNIC
SQUARE BHOPAL (MADHYA PRADESH)

Signature Not Verified
Signed by: AJAY KUMAR
CHATURVEDI
Signing time: 9/21/2022
2:49:18 PM
3
4. MEMBER SECRETARY INFORMATION
TECHNOLOGY DEPARTMENT 7 FLOOR
CHANDAR COK BIGGY JANPAD NEW DELHI
(DELHI)

.....RESPONDENTS
(BY SHRI SANJEEV KUMAR SINGH, PANEL LAWYER,
BY SHRI ASHOK KUMAR CHOURASIA, RESPONDENT NO.4)

WRIT PETITION No. 979 of 2017

BETWEEN:-
1. DR. KRISHNA SINGH S/O SURENDRA SINGH R/O
19/2B, BSNL COLONY, KALIBARI MARG, TYPE-
IV, (DELHI)

2. DR ANAMIKA JAIN W/O PUSHPENDRA JAIN
MIG D-8, NEHRU NAGAR, KOTRA
SULTANABAD, (MADHYA PRADESH)

.....PETITIONER
(BY SHRI ADITYA KHANDEKAR, ADVOCATE)

AND
1. THE STATE OF MADHYA PRADESH THR.
PRINCIPAL SECRETARY DEPTT OF TECHNICAL
EDUCATION VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)

2. STATE OF MADHYA PRADESH THROUGH
DIRECTOR DEPARTMENT OF TECHNICAL
ED UCATION SATPURA BHAWAN (MADHYA
PRADESH)

3. PRINCIPAL SARDAR VALLABH BHAI PATEL
POLYTECHNIC COLLEGE, POLYTECHNIC
SQUARE, BHOPAL (MADHYA PRADESH)

4. MEMBER SECRETARY ALL INDIA COUNCIL
FOR TECHNICAL EDUCATION NOT MENTION
(DELHI)

.....RESPONDENTS
(BY SHRI SANJEEV KUMAR SINGH, PANEL LAWYER,
BY SHRI ASHOK KUMAR CHOURASIA, ADVOCATE FOR
RESPONDENT NO.4)

Signature Not Verified
Signed by: AJAY KUMAR
CHATURVEDI
Signing time: 9/21/2022
2:49:18 PM
4
WRIT PETITION No. 9235 of 2018

BETWEEN:-
1. DR. A.R. JAURKAR S/O B.R. JAURKAR, AGED
ABOUT 54 YEARS, OCCUPATION: PROFESSOR
MECHANICAL ENGG. DEPTT. JABALPUR
ENGINEERING COLLEGE JABALPUR DISTT.
JABALPUR (MADHYA PRADESH)

2. PROF. A K BUCHKE S/O P M BUCHKE, AGED
ABOUT 51 YEARS, E- 3 ENGINEERING COLLEGE
COLONY (MADHYA PRADESH)

3. PROF. A B SARKAR S/O LATE S C SARKAR,
AGED ABOUT 60 YEARS, DEPTT. OF
ELECTR I CAL ENGG REWA ENGINEERING
COLLEGE (MADHYA PRADESH)

.....PETITIONER
(NONE FOR PETITIONER)

AND
1. THE STATE OF MADHYA PRADESH THR ITS
PRINCIPAL SECRETARY TECHNICAL
EDUCATION AND SKILL DEPTT. VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)

2. DEPUTY SECRETARY TECHINCAL EDUCATION
AND SKILL DEPTT. VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)

3. DIRECTOR TECHNICAL EDUCATION AND
SKILL DEPTT SATPUDA BHAWAN (MADHYA
PRADESH)

4. SANDEEP BANDHOPADHYAY PRINCIPAL
SECRETARY TECHNICAL EDUCATION AND
SKILL DEPTT. VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)

5. SABHAJEET YADAV DEPUTY SECRETARY
TECHNICAL EDUCATION AND SKILL DEPTT.
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)

6. THE REGIONAL DIRECTOR ALL INDIA
COUNSEL FOR TECHNICAL EDUCATION AICTE
OPP TAGORE HOSTEL N E A R POLYTECHNIC
CHOUK (MADHYA PRADESH)
Signature Not Verified
Signed by: AJAY KUMAR
CHATURVEDI
Signing time: 9/21/2022
2:49:18 PM
5

.....RESPONDENTS
(BY SHRI SANJEEV KUMAR SINGH, PANEL LAWYER)

WRIT PETITION No. 17052 of 2018

BETWEEN:-
DR. RAJEEV JAIN S/O LATE DEVENDRA KUMAR
JAIN, AGED ABOUT 48 YEARS, OCCUPATION:
PRESENTLY POSTED AS HEAD OF
DEPARTMENT MECHANICAL ENGINEERING
(TECHNICAL) KALANIKETAN POLYTECHNIC
COLLEGE DISTT. JABALPUR M.P. (MADHYA
PRADESH)

.....PETITIONER
(BY SHRI ADITYA KHANDEKAR, ADVOCATE )

AND
1. THE STATE OF MADHYA PRADESH THR ITS
PRINCIPAL SECRETARY DEPT. OF TECHNICAL
EDUCATION VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)

2. STATE OF M.P. DEPUTY SECRETARY
DEPARTMET OF TECHNICAL EDUCATIN
SATPURA BHAWAN BHOPAL (MADHYA
PRADESH)

3. STATE OF M.P. DEPUTY SECRETARY
DEPARTMENT OF TECHNICAL EDUCATION
SATPURA BHAWAN BHOPAL (MADHYA
PRADESH)

4. STATE OF M.P. ADDITIONAL DIRECTOR
DEPARTMENT OF TECHNICAL EDUCATION
SATPURA BHAWAN BHOPAL (MADHYA
PRADESH)

5. PRINCIPAL KALANIKETAN POLYTECHNIC
COLLEGE CIVIL LINES JABALPUR (MADHYA
PRADESH)

6. ALL INDIA COUNCIL FOR TECHNICAL
EDUCATIN MEMBER SECRETARY NELSON
MANDELA MARGE VASANT KUNJ (DELHI)

.....RESPONDENTS
Signature Not Verified
Signed by: AJAY KUMAR
CHATURVEDI
Signing time: 9/21/2022
2:49:18 PM
6
(BY SHRI SANJEEV KUMAR SINGH, PANEL LAWYER,
BY SHRI ASHOK KUMAR CHOURASIA, ADVOCATE FOR
RESPONDENT NO.6)

Th is petition coming on for hearing this day, th e court passed the
following:
ORDER

Considering the similitude of issue involved in these writ petitions, they were heard analogously and are being disposed of by a common order. For the sake of convenience the facts of W.P. No.16493/2016 are taken note of.

2. The petitioners have preferred this writ petition while praying for the following reliefs :

                                              "(i)     To call for the records from the respondents
                                       for the satisfaction of this Hon'ble Court.
                                              (ii)     To quash the impugned orders in Annexure-

P/8 so far it relates to the recovery and subsequent order in Annexure-P/9 whereby recover is directed by issuance of an appropriate writ and or directions.

(iii) To restrain the respondents from withdrawing the increments and from making any recovery from the petitioners of the advance increments already given to them as per Regulations by issuance of an appropriate writ and or directions.

(iv) To command the respondents to continue the incentives already allowed to the petitioners by issuance of an appropriate writ and or directions.

(v) Any other reliefs which this Hon'ble court may deem just and proper in the facts and circumstances of the case may kindly be granted along with cost."

Signature Not Verified Signed by: AJAY KUMAR CHATURVEDI Signing time: 9/21/2022 2:49:18 PM 7

3. Learned counsel for petitioners contends that on the strength of the notification contained in Annexure-P/1, dated 5-03-2010, the petitioners herein, who had obtained Ph.D. degree prior to 04-01-2016, were to be extended the benefit of three non-compounded advance increments. Accordingly, the said benefits were extended to the petitioners in terms of the aforesaid notification.

4. Later on, a notification was issued by the All India Council for Technical Education (AICTE) contained in Annexure-P/5, dated 04-01-2016. Vide Clause 25 of the said notification it was proposed that benefit of non- compounded advance increments to employees who obtained Ph.D. degree, will only be granted if the employees payscale is fixed in the PB-3 (Rs.15600- 39100).

5. Thereafter, on the strength of the aforesaid notification, dated 04- 01-2016 Director, Technical Education, Govt. of M.P., Bhopal issued the impugned order dated 18-01-2016 and directed the Principals of the concerned Govt.Engineering Colleges/Polytechnic Colleges to recover the amount from the employees to whom the benefit has been extended while serving in the payscale of PB-4 (Rs.37400-67000).

6. Learned counsel for petitioners submits that the notification dated 4-01-2016 contains a stipulation that, the same shall be effective from the date of publication of the notification in the Official Gazette. Therefore, indubitably, the said notification was prospective in nature, yet on the strength of the aforesaid notification, the impugned orders have been issued. The counsel further submits that the petitioners have acquired their Ph.D. degrees prior to 4- 01-2016.

Signature Not Verified

7. Learned counsel for petitioners further contends that subsequently Signed by: AJAY KUMAR CHATURVEDI Signing time: 9/21/2022 2:49:18 PM 8 the AICTE has issued another notification on 20-5-2020 whereby a clarification has been made. A perusal of the said clarification leaves is no scintilla of doubt that the notification dated 4-01-2016 is prospective in nature, and shall have no effect, so far as the candidates who obtained their Ph.D. degrees prior to 4-01- 2016 are concerned.

8. Therefore, learned counsel for the petitioners strenuously urged that the issue is no conclusively decided, inasmuch as the High Court of Judicature at New Delhi in the case of Dr. Shiv Ratan Singh and another vs. Govt. of NCT of Delhi and others, W.P. (C) No.702/2020 CM APPL. 24017/2020 & 9845/2021, dt.7-12-2021, has held that the notification dated 4-01-2016 is prospective in nature, and therefore, the same has no bearing so far as the employees, who obtained their Ph.D. degrees prior to 4-01-2016 are concerned. Therefore, submits that the issue is no more res integra, inasmuch as the High Court of Delhi while taking cognizance of the matter has already quashed recovery in respect of the petitioners therein.

9. Learned counsel appearing for respondents/State submits that the petitioners entitlement was only within the four corners of the notification dated 4-01-2016 and, therefore, on the strength of the said notification the Director, Technical Education issued directives to Principals of the Govt. Engineering Colleges/Polytechnic Colleges and therefore, the impugned orders have been issued and the same do not warrant any interference in writ jurisdiction. Therefore, submits that the writ petitions deserve to be dismissed. The counsel for State does not dispute the issuance of notification dt.20-5-2020 and the decision of the High Court of Delhi on the issue in view thereof.

10. Heard the learned counsel for the parties and perused the Signature Not Verified Signed by: AJAY KUMAR CHATURVEDI Signing time: 9/21/2022 2:49:18 PM 9 records.

11 . In the considered view of this Court, the issue is no more res integra, after decision of the High Court of Delhi in Dr. Shiv Ratan Singh & anr. (supra) upon issuance of the notification dated 20-5-2020 by the AICTE contained in Annexure-A/1 with I.A. No.1306/2022 filed in W.P. No.20653/2016. The AICTE in unequivocal terms has clarified that the notification dated 4-01-2016 has no retrospective effect, and the same shall have no bearing to the cases where employees have obtained their Ph.D. degrees prior to cut off date. Accordingly, the Delhi High Court while taking note of the notification dated 20-5-2020 has already held that the same has no retrospective effect.

12. In view of the aforesaid, nothing more requires to be adjudicated in the present batch of writ petitions. The impugned orders contained in W.P. No.16493/2016, dated 14-9-2016 (Annexure-P/8) and dt. 17-9-2016 (Annexure- P/9); in W.P. No.20653/2016, dated 12-8-2016 (Annexure-P/9) and 30-11-2016 (Annexure-P/11); in W.P. No.979/2017, dated 12-8-2016 (Annexure-P/9) and 30-11-2016 (Annexure-P/11); in W.P. No.9235/2018, dated 28-03-2018 (Annexure-P/6); and in W.P. No.17052/2018, dated 2-7-2018 (Annexure-P/7) and 5-7-2018 (Annexure-P/8) stand quashed. If any recovery is carried out from the petitioners pursuant to the impugned orders, the same shall be refunded to petitioners within a period of 90 days from the date of production of certified copy of the order passed today.

13. Accordingly, the writ petitions are allowed and disposed of.

MANINDER S BHATTI) JUDGE Signature Not Verified Signed by: AJAY KUMAR CHATURVEDI Signing time: 9/21/2022 2:49:18 PM 10 ac Signature Not Verified Signed by: AJAY KUMAR CHATURVEDI Signing time: 9/21/2022 2:49:18 PM

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