Gauhati High Court
Dr. Dilip Rajbongshi vs The State Of Assam And 3 Ors on 11 November, 2020
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
Page No.# 1/5
GAHC010034562018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1209/2018
DR. DILIP RAJBONGSHI
S/O. SRI GOPAL CHANDRA RAJBONGSHI, R/O. BLOCK C-1, COTTON
COLLEGE PROFESSORS COLONY, DIGHALIPUKHURI EAST, M.D
TAYEBULLAH ROAD, KAMRUP (M), ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, HIGHER
EDUCATION DEPTT., DISPUR, GHY.
2:THE COMMISSIONER AND SECY.
3:THE DIRECTOR
4:COTTON UNIVERSIT
Advocate for the Petitioner : MR. U K NAIR
Advocate for the Respondent : SC, HIGHER EDU
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 11-11-2020 Page No.# 2/5 Heard Mr. U.K. Nair, learned Senior counsel assisted by Ms. N. Shyamal, learned counsel for the petitioner as well as Mr. K. Gogoi, learned Standing counsel for the Higher Education Department appearing for the respondents no.1 and 3. Also heard Mr. B. Gogoi, learned Standing counsel for the Finance Department appearing for the respondent no.2 and Mr. P.D. Nair, learned Standing counsel for the respondent no.4.
2. By filing this writ petition filed under Article 226 of the Constitution of India, the petitioner is claiming the Selection Senior Grade pay in terms of Career Advancement. The case projected by the petitioner is that on 25.01.2002 he was appointed as a Lecturer in Department of Assamese in CKB College, Teok, Jorhat. By an order dated 02.03.2009, the said selection Board placed the petitioner as a Lecturer, Senior Grade of pay with effect from 25.01.2008 wherein the name of the petitioner appeared at Sl. No.7. Pursuant to an advertisement issued by the APSC for appointment to the post of Lecturer of the Government College, the petitioner applied through proper channel for being appointed to such post. After due selection process undertaken by the APSC, the petitioner was selected and appointed as the Lecturer in Assamese in Cotton College, Guwahati by a notification bearing no. AHE 336/2009/16 dated 29.04.2010 and the petitioner joined the said post on 06.05.2010. However, the petitioner was granted UGC scale of pay of Rs.8000-275-13500/- per month. Contending that the petitioner was entitled to senior scale of pay of Rs.10000-325-15200/- per month in terms of notification dated 02.03.2009, the petitioner made representation and the Higher Education Department of the State by a notification dated 19.10.2011, allowed the fixation of pay of the petitioner at the stage of Rs.10,650/- in the UGC's pre-revised Senior Grade Scale of pay of Rs.10000-325-15200/- per month.
3. In course of time, the petitioner was released from the CKB College, Teok, Jorhat to facilitate his joining in the Cotton College. It is further projected that by an order under memo no.AHE.171/2012/36 dated 11.09.2013, the Higher Education Department allowed counting of past service benefits of the petitioner with effect from 21.05.2002 to 05.05.2010 as Assistant Professor in the Department of Assamese in the CKB College, Teok, Jorhat. The said order was subject to condition that the petitioner would deposit government share of GPF for period of 25.01.2002 till date. In this connection, the learned Senior counsel for the petitioner submits that the petitioner has complied with the said direction by depositing the government's share of GPF.
4. It is projected that by the minutes of the Departmental Promotion Committee held on Page No.# 3/5 07.01.2015, it was held that the government has not considered the past services of the petitioner rendered in provincialised college for promotion etc., except for pensionary benefit, hence, the case of the petitioner for placement in selection grade of pay with effect from 21.05.2013 was not considered. The said minutes is stated to be contained in File No.AHE.559/2014/10 dated 17.01.2015.
5. Accordingly, the petitioner submitted this representation dated 09.02.2015 and 01.12.2015 to the Commissioner, Higher Education Department, Government of Assam, praying for promotion as Selection Grade Professor. It is projected that in the meanwhile, the case of the petitioner was left out from being considered for promotion from Stage-II to Stage-III. The learned Senior counsel for the petitioner submits that as the competent authority in the State of Assam in the Higher Education Department not only protected the pay of the petitioner but also protected his past services as indicated hereinbefore upon counting his past service the petitioner, the petitioner has become entitled for placement as Lecturer in the Selection Grade. In this context, the learned Senior counsel has placed reliance on Clauses 6.0.0 and 8.0.0 of the UGC Notification on Revision of Pay Scales, Minimum Qualification for Appointments of Teachers in Universities, Colleges and Other Measures for the Maintenance of Standards, 1998 which according to him, permits counting of past services. It is submitted that the petitioner is otherwise having qualifications to satisfy all the conditions laid down therein. Hence, the petitioner seeks relief as prayed for in this writ petition.
6. The learned Standing counsel for the Higher Education Department has referred to the notification dated 19.09.2011, order dated 11.09.2013 and communication dated 26.04.2013 by the Director of Higher Education, Assam to the Commissioner and Secretary to the Government of Assam, and submits that on conjoint reading of the said notification, order and communication it would imply that the Higher Education Department has protected the pay as well as past services of the petitioner for all intents and purposes and not only to protect his post retirement benefits.
7. The learned Standing counsel for the respondent no.4 has referred to the stand taken in the affidavit-in-opposition. He submits that the respondent no.4 denies any malafide or arbitrary action on part of the College authority and/or the Cotton College University. By referring to the Cotton University Act, 2017, he submits that by virtue of section 52 thereof all the posts of Cotton College and Cotton College State University including the vacant posts has been transferred immediately to the Cotton University and that the existing teachers and staff of Cotton College and it is provided that the Cotton College State University shall constitute a special cadre with regard to the service conditions at the time of their appointment. However, it is submitted that in respect of pension matters for the posts of Page No.# 4/5 Cotton College, now renamed as Cotton College State University, the same is handled by the Higher Education Department of the State. It is submitted in the event that the pay as well as past services of the petitioner are protected by the Higher Education Department, the respondent no.3 shall not stand in the way of the State to grant such protection to the petitioner, if he is so entitled to.
8. It appears on a perusal of the clause 8.0.0 of the hereinbefore referred UGC notification that it has been provided that previous service without any break as a Lecturer or equivalent, in a university, college, national laboratory, or other scientific organizations, e.g. CSIR, ICAR, DRDO, UGC, ICSSR, ICHR and as a UGC Research Scientist, should be counted for placement of lecturer in Senior Scale/ Selection Grade and also as provided in clause 8.6.0. Accordingly, it appears from clause 8.0.0, that the petitioner fulfills all the requisites for counting of his past service rendered as a Lecturer of Assam in CKB College, Teok, Jorhat. Moreover, on a conjoint reading of the hereinbefore notification dated 19.09.2011 and order dated 11.09.2013 there appears to be no doubt that the Higher Education Department of the State has protected the Senior Grade Scale of pay as well as past services of the petitioner with effect from 25.01.2002 to 05.05.2010. It is also seen that the petitioner was appointed as a Lecturer of Assamese in Cotton College by way of a valid recruitment process conducted by the APSC, wherein the petitioner had applied through proper channel. Hence, the petitioner has been able to make out a case that the rejection of his candidature by the Departmental Promotion Committee (DPC) in its meeting held on 07.01.2015 as per the minutes circulated on 17.01.2015 is not sustainable as there is nothing on record to show that the Higher Education Department had not considered the past services of the petitioner in provincialized colleges for promotion etc. or that the past services was merely considered for the pensionary benefit alone. Accordingly, the Court is inclined to set aside and quash the minutes of the DPC held on 07.01.2015 contained in File No.AHE.559/2014/10 dated 17.01.2015.
9. Having arrived at a finding that the petitioner was entitled to selection grade with effect from 25.01.2013, the Court is inclined to direct the Promotion Committee to re-consider the case of the petitioner in considering the proposal to grant selection grade of pay to the petitioner with effect from 25.01.2013. At this juncture, the learned Standing counsel for the Cotton University submits that the Cotton University did not exist in the year 2015 and, as such if the procedure prevailing in the year 2017 is to be adhered to, the Commissioner and Secretary to the State of Assam, Higher Education Department can only pass appropriate orders therefor.
10. Accordingly, the Commissioner and Secretary to the Government of Assam, Higher Page No.# 5/5 Education Department shall constitute a DPC within a period of 3(three) weeks from the date of receipt of a copy of this order to consider the case of the petitioner for his placement in Selection Grade of Pay w.e.f. 21.05.2013. It is provided that the said DPC shall, within a period of 1(one) month of its constitution, consider the case of the petitioner as per procedure prevailing on 07.01.2015, being the date the previous DPC had held its meeting. It is further provided that if the decision of the DPC is in favour of the petitioner, all the concerned authorities shall do the needful for complying with the recommendations made by the DPC within an outer period of 3(three) months from the date of recommendations being made by the DPC.
11. Needless to mention that if the petitioner is aggrieved by the recommendation of the DPC, it would be open to the petitioner to assail the same.
12. In terms of above, this writ petition stands allowed.
JUDGE Comparing Assistant