Madhya Pradesh High Court
Vineeta Chaudhary vs Department Of Technical Education And ... on 17 November, 2022
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 17 th OF NOVEMBER, 2022
WRIT PETITION No. 7802 of 2016
BETWEEN:-
1. VINEETA CHAUDHARY D/O SHRI SHREENANDAN
CHAUDHARY 7, ADARSH VIKRAM NAGAR, SETHI
NAGAR, UJJAIN (MADHYA PRADESH)
2. ANJANI DWIVEDI D/O SHRI BABULAL DWIVEDI
41, KIRTI NAGAR, UJJAIN (MADHYA PRADESH)
3. ANIL RAJ MADAN S/O SHRI M.R. MADAN 24 "A"
SCHEME, DASHERA MAIDAN , UJJAIN (MADHYA
PRADESH)
4. SUBHASH CHANDRA SOLANKI S/O SHRI
SUKHARAM SOLANKI F-11, GOVT. ENGINEER
COLLEGE, CAMPUS, UJJAIN (MADHYA PRADESH)
5. MANOJ KUMAR GUPTA S/O LATE SHRI
MANGILAL F-28, GOVT. ENGINEERING COLLEGE
CAMPUS , UJJAIN (MADHYA PRADESH)
6. VIJAY KUMAR SUKHWANI S/O LATE SHRI
BHAGWANDAS SUKHWANI E-07,
GOVT.ENGINEERING COLLEGE, SANWER ROAD,
UJJAIN (MADHYA PRADESH)
7. RAGHVENDRA SINGH S/O DURGA PRASAD SINGH
184, KRISHNA PARISAR, INDORE ROAD, UJJAIN
(MADHYA PRADESH)
8. BHAVANA JHARIA D/O SHRI M.D. JHARIA HIG-14,
ANKUR COMPLEX, PHASE-2, BHOPAL (MADHYA
PRADESH)
9. DEV ANAND HINDOLIYA S/O RADHEY SHYAM
HINDOLIYA B-21, ELIXIR GREENS KAROND,
BHOPAL (MADHYA PRADESH)
10. NEHA SHARMA W/O PRADEEP SHARMA MIG -108,
INDIRA NAGAR, AGAR ROAD, UJJAIN (MADHYA
Signature Not Verified
Signed by: SOURABH
YADAV
Signing time: 11/17/2022
4:41:43 PM
2
PRADESH)
11. UMESH PENDHARKAR S/O YESHWATRAO
PENDHARKAR C42/26, RISHI NAGAR EXTENSION,
UJJAIN (MADHYA PRADESH)
12. ATUL STHAPAK S/O M.K. STHAPAK E-3, ENGG,
COLLEGE CAMPUS, UJJAIN (MADHYA PRADESH)
13. ABDUL SALEEMKHAN S/O LATE SHRI A.SATTAR
KHAN P-4, ENGINEERING COLLEGE, UJJAIN
(MADHYA PRADESH)
14. ASHOK SHARMA S/O R.L. SHARMA E-
8,GOVT.ENGINEERING COLLEGE CAMPUS,
UJJAIN (MADHYA PRADESH)
15. SARITA SHARMA W/O AHSOK SHARMA E-
8,GOVT.ENGINEERING COLLEGE CAMPUS,
UJJAIN (MADHYA PRADESH)
16. JAGDISH PALSANIA S/O MADANLAL PALSANIA,
D-41, DHANVANTARI CHIKITSA KENDRA,UJJAIN
(MADHYA PRADESH)
.....PETITIONER
(SHRI PRATEEK PATWARDHAN, LEARNED COUNSEL FOR THE
PETITIONER)
AND
1. DEPARTMENT OF TECHNICAL EDUCATION AND
SKILL DEVELOPMENT SECRETARY VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
2. DIRECTOR DIRECTORATE OF TECHNICAL
EDUCATION M.P. 4TH FLOOR, SATPURA BHAWAN,
BHOPAL (MADHYA PRADESH)
3. PRINCIPAL UJJAIN ENGINEERING COLLEGE,
UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(SMT. VINITA PHAYE APPEARING ON BEHALF OF ADVOCATE
GENERAL)
WRIT PETITION No. 491 of 2017
Signature Not Verified
Signed by: SOURABH
YADAV
Signing time: 11/17/2022
4:41:43 PM
3
BETWEEN:-
1. ASHA CHAUDHARY W/O SURESH CHANDRA
CHAUDHARY B-18/14 VASANT VIHAR COLONY
UJJAIN (MADHYA PRADESH)
2. JINESH KUMAR JAIN S/O SHRI CHANDMAL JAIN
34, HARIOM VIHAR COLONY, UJJAIN (MADHYA
PRADESH)
.....PETITIONER
(SHRI PRATEEK PATWARDHAN, LEARNED COUNSEL FOR THE
PETITIONER)
AND
1. TECHNICAL EDUCATION AND MANPOWER
PLANNING DEPARTMENT SECRETARY VALLABH
BHAWAN MANTRALAYA BHOPAL (MADHYA
PRADESH)
2. DIRECTOR DIRECTORATE OF TECHNICAL
EDUCATION MADHYA PRADESH 4TH
FLOOR,SATPURA BHAWAN, BHOPAL (MADHYA
PRADESH)
3. PRINCIPAL THE STATE OF MADHYA PRADESH
UJJAIN POLYTECHNIC COLLEGE, UJJAIN
(MADHYA PRADESH)
.....RESPONDENTS
(SMT. VINITA PHAYE APPEARING ON BEHALF OF ADVOCATE
GENERAL)
WRIT PETITION No. 1043 of 2017
BETWEEN:-
YATINDRA SINGH THAKUR S/O YESHWANT SINGH
THAKUR OCCUPATION: NOT MENTION F-14,
GOVERNMENT ENGINEERING COLLEGE CAMPUS,
(MADHYA PRADESH)
.....PETITIONER
(SHRI PRATEEK PATWARDHAN, LEARNED COUNSEL FOR THE
PETITIONER)
AND
Signature Not Verified
Signed by: SOURABH
YADAV
Signing time: 11/17/2022
4:41:43 PM
4
1. THE STATE OF MADHYA PRADESH SECRETARY
DEPARTMENT OF TECHNICAL EDUCATION AND
SKILL DEVELOPMENT MANTRALAYA, VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
2. DIRECTOR DIRECTORATE OF TECHNICAL
EDUCATION MP 4TH FLOR, SATPURA BHAWAN,
BHOPAL 462004 (MADHYA PRADESH)
3. PRINCIPAL UJJAIN ENGINEERING COLLEGE
UJJAIN UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(SMT. VINITA PHAYE APPEARING ON BEHALF OF ADVOCATE
GENERAL)
WRIT PETITION No. 1399 of 2017
BETWEEN:-
RAKESH KUMAR RAI S/O SHRI D P RAI, AGED ABOUT
47 YEARS, OCCUPATION: SERVICE F-08, ENGINEERING
COLLEGE CAMPUS, UJJAIN (MADHYA PRADESH)
.....PETITIONER
(SHRI PRATEEK PATWARDHAN, LEARNED COUNSEL FOR THE
PETITIONER)
AND
1. DEPARTMENT OF TECHNICAL EDUCATION AND
SKILL DEVELOPMENT SECRETARY VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
2. DIRECTOR DIRECTORATE OF TECHNICAL
EDUCATION MADHYA PRADESH , 4TH FLOOR,
SATPURA BHAWAN, BHOPAL 462004 (MADHYA
PRADESH)
3. PRINCIPAL UJJAIN ENGINEERING COLLEGE
UJJAIN UJJAIN (MADHYA PRADESH)
.....RESPONDENTS
(SMT. VINITA PHAYE APPEARING ON BEHALF OF ADVOCATE
GENERAL)
This petition coming on for orders this day, the court passed the following:
ORDER
Signature Not Verified Signed by: SOURABH YADAV Signing time: 11/17/2022 4:41:43 PM 5
1. In the present petition filed under Article 226 of the Constitution of India, the petitioners have challenged the order by which the salary of the petitioners have been re-fixed at lower pay scale by reducing the incentive granted to the petitioner in view of All India Council for Technical Education (Pay Scales, Services Conditions and Qualifications for the Teachers and other Academic Staff in Technical Institutions Degree) Regulations, 2010.
2. The petitioner has sought quashing of the order dated 7.11.2016. The petitioners are working with the respondent no.3 on the post of Professors. They were promoted to the post of Associate Professor and their pay scales were fixed in the pay scale of Rs.37400-6700+9000/-. Thereafter, on completion of Ph.d, the petitioners were granted three additional increments as incentive. As per regulation 2010 vide notification dated 25.11.2011 issued by the State Government and their salaries were re-fixed in the pay scale of Rs.51430+Grade Pay 9000=60430/-.
3. The aforesaid regulations of 2010 was adopted by the State Government by order dated 14.09.2010. The AICTE has issued a notification dated 06.01.2016 whereby, certain clarifications with regard to the regulation 2010 were issued. In pursuant to the aforesaid clarifications of 2016, the respondent no.3 passed the impugned order, whereby, the salary of the petitioners have been re-fixed in a lower pay scale by reducing three non-compounded increments by order dated 07.11.2016.
4. Learned counsel for the petitioner submits that the issue involved in the present case has already been decided by the co-ordinate bench of this court at Principal Seat Jabalpur in Dr.D.R Dubey and Ors Vs. State of MP and Ors passed in WP No.16493/2016 by order dated 19.09.2022.
Signature Not Verified5. He has referred para 11 of the said order which reads as under:-
Signed by: SOURABH YADAV Signing time: 11/17/2022 4:41:43 PM 6"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."
6. The aforesaid petition was allowed and the impugned orders were quashed. It was further directed that if any recover is carried out from the petitioners pursuant to the impugned orders, the same shall be refunded to the petitioners within the period of 90 days from the date of production of a copy of the order.
7. After hearing learned counsel for the parties, I find that the present petition is squarely covered by the judgment passed by this court in the case of Dr.D.R Dubey (supra) and as a consequence, the present petitions are allowed and the impugned order dated 07.11.2016 is quashed.
(VIJAY KUMAR SHUKLA) JUDGE Sourabh Signature Not Verified Signed by: SOURABH YADAV Signing time: 11/17/2022 4:41:43 PM