Central Administrative Tribunal - Delhi
Ashi Kumar vs Govt. Of Nct Of Delhi on 27 November, 2014
Central Administrative Tribunal
Principal Bench
New Delhi
O.A.No.3351/2013
with
O.A.No.3399/2013
O.A.No.3564/2013
Order Reserved on: 09.10.2014
Order pronounced on 27.11.2014
Honble Shri V. Ajay Kumar, Member (J)
Honble Shri V. N. Gaur, Member (A)
O.A.No.3351/2013
Ashi Kumar
W/o Sh. Narendra Kumar
r/o B-10, Kalindi Colony
New Delhi-65. Applicant
(By Advocate: Shri Sourabh Ahuja)
Versus
1. Govt. of NCT of Delhi
Through its Chief Secretary
Delhi Sachivalaya
I.P.Estate
New Delhi 2.
2. Principal Secretary/Secretary
(Technical Education)
Department of Training & Technical Education
GNCT of Delhi
Muni Maya Ram Marg
Pitam Pura
Delhi 88.
3. Deputy Director (E-I)
Department of Training & Technical Education
GNCT of Delhi
Muni Maya Ram Marg
Pitam Pura
Delhi 88.
4. The Principal
Meera Bai Institute of Technology
Directorate of Training & Technical Education
Maharani Bagh
New Delhi 65.
5. Joint Director (Tech.)
Department of Training & Technical Education
GNCT of Delhi
Muni Maya Ram Marg
Pritam Pura
Delhi 88.
6. All India Council for Technical Education
Through its Secretary
7th Floor, Chanderlok Building
Janpath
New Delhi.
7. Director (Legal)
All India Council for Technical Education
7th Floor, Chanderlok Building
Janpath
New Delhi. Respondents
(By Advocate: Mrs. Sumedha Sharma with Mr. Amitesh Kumar)
with
O.A.No.3399/2013
Arvinder Kaur
Aged around 47 years
D/o S. Bakhshish Singh
R/o Flat No.1, Meerabai Polytechnic Staff Campus
Maharani Bagh
New Delhi 65. Applicant
(By Advocate: Shri Sourabh Ahuja)
Versus
1. Govt. of NCT of Delhi
Through its Chief Secretary
Delhi Sachivalaya
I.P.Estate
New Delhi 2.
2. Principal Secretary
(Technical Education)
Department of Training & Technical Education
GNCT of Delhi
Muni Maya Ram Marg
Pitam Pura
Delhi 88.
3. Deputy Director (E-I)
Department of Training & Technical Education
GNCT of Delhi
Muni Maya Ram Marg
Pitam Pura
Delhi 88.
4. Joint Director (Tech.)
Department of Training & Technical Education
GNCT of Delhi
Muni Maya Ram Marg
Pritam Pura
Delhi 88.
5. The Principal
Meera Bai Institute of Technology
Directorate of Training & Technical Education
Maharani Bagh
New Delhi 65.
6. All India Council for Technical Education
Through its Secretary
7th Floor, Chanderlok Building
Janpath
New Delhi.
7. Director (Legal)
All India Council for Technical Education
7th Floor, Chanderlok Building
Janpath, New Delhi. Respondents
(By Advocate: Mrs. Sumedha Sharma with Mr. Amitesh Kumar)
O.A.No.3564/2013
Asha S. Kumar
W/o Wg. Cdr. S. Kumar
R/o D-11, Type-V
GB Pant Polytechnic Residential Complex
Okhla, New Delhi 20.
Aged around 64 years. Applicant
(By Advocate: Shri Sourabh Ahuja)
Versus
1. Govt. of NCT of Delhi
Through its Chief Secretary
Delhi Sachivalaya
I. P. Estate
New Delhi 2.
2. Principal Secretary/Secretary
(Technical Education)
Department of Training & Technical Education
GNCT of Delhi
Muni Maya Ram Marg
Pitam Pura
Delhi 88.
3. Deputy Director (E-I)
Department of Training & Technical Education
GNCT of Delhi
Muni Maya Ram Marg
Pitam Pura
Delhi 88.
4. Joint Director (Tech.)
Department of Training & Technical Education
GNCT of Delhi
Muni Maya Ram Marg
Pritam Pura
Delhi 88.
5. The Principal
Meera Bai Institute of Technology
Directorate of Training & Technical Education
Maharani Bagh
New Delhi 65.
6. All India Council for Technical Education
Through its Secretary
7th Floor, Chanderlok Building
Janpath
New Delhi.
7. Director (Legal)
All India Council for Technical Education
7th Floor, Chanderlok Building
Janpath
New Delhi. Respondents
(By Advocate: Mrs. Sumedha Sharma with Mr. Amitesh Kumar)
O R D E R (Common)
By V. Ajay Kumar, Member (J):
Since the facts and question of law involved in these three OAs are similar, they are being disposed of by this common order. For the sake of convenience, we have taken the facts from OA No.3351/2013.
2. The applicants in all the aforesaid OAs, who are working as Lecturers (Senior Scale) in Interior Designing in the Polytechnic Colleges under the administrative control of the respondents, filed the aforesaid OAs, aggrieved by the action of the respondents in refusing to grant the Selection Grade in terms of the All India Council for Technical Education (AICTE) Guidelines, dated 30.12.1999, on the sole ground that no guidelines are issued by AICTE for placement of Lecturers in non-engineering disciplines such as Beauty Culture, Library Science and Interior Design/Decoration, etc. in Selection Grade.
3. It is the short submission of the applicants that they fulfill all the required criteria such as qualifications, service, etc. and that the disciplines of Beauty Culture, Library Science and Interior Decoration, etc. are also considered to be engineering disciplines only, by the respondents themselves.
4. Briefly, stated, the AICTE issued Notification/Circular dated 30.12.1999 (Annexure 5), recommending revision of Pay Scales and Service Conditions of Teachers of Technical Institutions (Diploma), which came into force w.e.f. 01.01.1996. The relevant paras of the said Notification read as under:
2.1 Scope:
The provisions of this notification apply to teachers, librarians and physical education personnel in diploma level technical institutions, covered under the AICTE Act.
xxxxxxx xxxxxx xxxxxxx 3.0 CADRE STRUCTURE:
For each Diploma level institutions there shall be one post of Director/Principal. In addition each Department shall have one post of Head of Department. The other Cadres shall be as given in Table 3.1 TABLE 3.1 CADRE STRUCTURE OF DIPLOMA LEVEL INSTITUTIONS Level Cadre I Lecturer II Senior Lecturer The ratio of Senior Lecturers to Lecturers shall be 1:3.
The required total strength of teachers in the institutions including Heads of Departments will be determined by the Staff/Student ratio as per ACITE norms. In addition to the Cadre Structure given in Table 3.1, the Career Advancement Scheme shall provide for the following teaching positions but within the overall sanctioned strength of each Department:
i) Lecturer (Senior Scale)
ii) Lecturers (Selection Grade) 4.0 PAY SCALES The revised pay-scale for teachers of diploma level technical institutions are given in Tables (Appendix A-1 and 2).
5.0 QUALIFICATIONS
1. The prescribed minimum qualifications and experience requirements for various teaching posts in diploma level technical institutions are given (Appendix-B).
2. Where qualifications and experience prescribed for a post in this pay revisions are higher than the qualifications and experience prescribed by ACITE for that post prior to this revision.
(i) The revised qualifications and experience will be required only for fresh appointees to that post and will not be insisted on for existing incumbents working on those positions.
(ii) For open selection to a higher cadre position through advertisement internal candidates presently working in lower position will be exempted from the prescribed higher qualification and experience to the extent that they will be required to possess only the qualifications and experience prescribed by ACITE prior to this pay revision. This relaxation will be available only for a period of 5 years from the date of issue of this notification. Thereafter, internal candidates must also possess the qualifications and experience prescribed in this notification.
3. Teachers already in service prior to January 1, 1996 and who at the time of their recruitment possessed only a second class in their degree at Bachelors or Masters Level (but met all the qualification requirement prescribed by ACIET at the time of their recruitment) shall be exempted from the requirement of First Class for the Degree they had at the time of their recruitment.
xxxxxxx x x x x x x x x x x x x x x CAREER ADVANCEMENT 8.1 General:
(a) Career Advancement provided for movement of Career to Lecturer (Senior Scale)
(ii) Senior Lecturer/Lecturer (senior scale) to Lecturer (Selection Grade)
(b) For promotion under Career Advancement Scheme
(i) The candidate must have consistently satisfactory performance appraisal reports.
(ii) Assessment and selection would be made by a selection committee, as required for normal selection by the respective institution.
(iii) The prescribed teaching/contact hours of a teacher selected promoted under the Career Advancement Scheme shall remain the same as that of the substantive post he/she is occupying.
AICTE, would in due course, specify the guidelines for the selection process and the composition of the selection Committee for promotion under Career Advancement Scheme. Until the ACITE scheme is announced, Selection Committees same as prescribed for direct recruitments to the corresponding posts may be used for such promotions.
8.2 Lecturer (Senior Scale):
A Lecturer will be eligible for placement as Lecturer (senior Scale), through a process of selection if he/she has:
(i) Completed 6 years of service after regular appointment as a Lecturer, with relexation of 2 years for these with Ph. D. and one year for those with M.Phil/M.E./M.Tech.,
(ii) Participated in one orientation course/induction training and one refresher course or industrial training of aggregate duration of 8 weeks, or has undertaken other appropriate continuing education or training programmes of comparable quality and duration as may be specified or approved by ACIET. Those with Ph. D. degree would be exempted from these course/training requirements.
8.3 Lecturer (Selection Grade):
A Senior Lecturer/Lecturer (Senior Scale) who has a Masters degree and 5 years experience as senior Lecturer or Lecturer (Senior Scale), and has consistently satisfactory performance appraisal reports will be eligible to be placed as Lecturer (Selection Grade), subject to the recommendation of the Selection Committee. xxxx x x x x x x x x x x x x x x x x TABLE A-1 SCALES OF PAY FOR TEACHERS FOR DIPLOMA LEVEL TECHNICAL INSTITUTIONS Sl. No. Category Existing pay-Scales (Rs.) Proposed Pay Scales (Rs.) 1 Lecturer 2200-75-2800-100-4000 8000-275-13500 2 Senior Lecturer 3000-100-3500-125-5000 10000-325-15200 3 Head of Deptt.
3700-125-4950-150-5700 12000-420-18300 4 Principal 4500-150-5700-200-6300 16400-450-20000 TABLE A-2 SCALES OF PAY FOR TEACHING POSITIONS UNDER CAREER ADVANCEMENT SCHEME FOR DIPLOMA LEVEL TECHNICAL INSTITUTIONS Sl. No. Category Existing pay-Scales (Rs.) Proposed Pay Scales (Rs.) 1 Lecturer 3000-100-3500-125-5000 10000-325-15200 2 Lecturer 3700-125-4950-150-5700 12000-420-18300 The revised scales of pay for Librarians and physical Education personnel are given in Table A-3
5. Clause-5 of the said Notification prescribed the qualifications for various teaching posts in diploma level Technical Institutions. The said Notification also states that where qualification and experience for a post is higher than the qualifications and experience prescribed by AICTE prior to this revision, the revised qualifications and experience would be required only for fresh appointees to that post and would not be insisted on for existing incumbents. Clause 8.3 of the said Notification deals with conditions for grant of selection grade to the Lecturers and prescribes Masters Degree and 5 years experience as Senior Lecturer as necessary conditions for grant of Selection Grade. There is no mention of Masters in engineering, science, arts or humanities in the said provision. We noticed that this Tribunal, as regards qualifications, etc., had already dealt with extensively in OA No.1622/2012 (N.C.Goel v. Govt. of NCT of Delhi & Others) with OA No.1827/2012 (K.K.Prasad v. Govt. of NCT of Delhi & Others), decided on 09.04.2013. Hence, in view of the same, the applicants submit that there is no dispute about the eligibility of the applicants in respect of their qualifications, etc.
6. Further, in pursuance of the aforesaid Scheme, the respondents placed number of Lecturers of Polytechnic/Diploma Level Institution, under Govt. of NCT, Delhi, who are in the pay scale of Rs.8000-275-13500, including the applicants, to the Senior Scale in the pay scale of Rs.10000-325-15200.
7. However, though the applicants are fully eligible and entitled for granting of Selection Grade and when the respondents not granted the same to them, they made representations. In view of the same, the respondents-NCTD, obtained clarification from the AICTE about the entitlement of the applicants for granting the Selection Grade. The AICTE vide the impugned clarification letter dated 18.10.2012 (Annexure A1) under point No.(e), inter alia, clarified as under:
e) It is to mention that no guidelines are available for the placement of lecturers of Non Engg. Discipline like Beautyculture, Library, Science, Interior Decoration etc. into Selection Grade. Hence, it is kindly requested to provide latest guidelines if any issued by AICTE otherwise provide the clarification whether Lecturers, listed in Self Contained Note No.3 are eligible for grant of Selection Grade or what should be minimum qualification requirement for grant of Selection Grade. It can be further clarified how their Diplomas/Certificate qualifications can be compared to that of Engineering/Humanities?
Clarification:
It is clarified that no guidelines are issued by AICTE for placement of lecturers in non-engineering disciplines as referred above. However, it is further clarified that the state may device its own method of placement of such lecturers of non-engineering disciplines as referred above in selection grade or may use UGC norms, if available.
8. Basing on the said impugned clarification, the respondents-NCTD, vide their order dated 28.06.2013, Annexure A2 rejected the claim of the applicants for granting of Selection Grade under the aforesaid Scheme on the ground that the Lecturers of Non-Engineering disciplines such as Beauty Culture, Interior Designer and Librarians, etc. are not entitled for the same.
9. Heard Shri Sourabh Ahuja, the learned counsel for the applicants and Mrs. Sumedha Sharma and Ms. Amitesh Kumar, the learned counsel for the respondents, and have perused the pleadings on record.
10. Though the respondents through their counter affidavits to the OA, opposed the claims of the applicants, however, when this Tribunal, after noticing that the AICTE itself in its Handbook 2012-2013 (Annexure 21) shown the disciplines of Beauty and Hair Dressing, Beauty Culture and Cosmetology and Interior Decoration as Engineering disciplines, which is contrary to their own stand in the impugned Annexure A1-Carification, Shri Amitesh Kumar, the learned Standing Counsel for the AICTE obtained fresh instructions from them and filed an additional affidavit on 19.09.2014.
11. In the said additional affidavit the AICTE stated as under:
D) that it is respectfully submitted that accordingly, after coming into force of the aforesaid notification dated 30.12.1999, if any Senior Lecturer, meets the eligibility condition of career advancement in accordance with the provision/condition made in clause 8.3, such Senior Lecturer may be given the benefit of Lecturer (Selection Grade). It is respectfully submitted that the said benefit of career advancement is applicable to teachers, librarians and physical education personnel in diploma level technical education covered under AICTE Act (vide clause 2.1 of the notification). Thus, it is submitted that the notification dated 30.12.1999 and its provisions pertaining to career advancement scheme also applies to teachers belonging to disciplines like Beautician, Interior Design/Decoration etc. (Emphasis supplied)
12. In view of the aforesaid categorical statement of the AICTE, that the Notification dated 30.12.1999 and its provisions pertaining to Career Advancement Scheme (CAS) also applies to Teachers belonging to disciplines like Beautician, Interior Design/Decoration, etc., the applicants also become entitled for granting the Selection Grade under CAS.
13. In the circumstances, the OAs are allowed. The respondents are directed to consider the cases of the applicants for granting the Selection Grade from the respective due dates keeping in view the opinion of the AICTE to the effect that the disciplines in which the applicants are working also eligible for granting the Selection Grade, as observed at Para 11 above, if otherwise eligible, with all consequential benefits, however, without interest. This exercise shall be completed within two months from the date of receipt of a copy of this order.
14. Before parting, we appreciate the legal acumen shown by Shri Amitesh Kumar, learned counsel for the respondent-AICTE, in getting the Expert Committee to meet twice on 06.08.2014 and on 28.08.2014 to take a final decision/opinion on the subject.
15. No order as to costs.
(V. N. Gaur) (V. Ajay Kumar) Member (A) Member (J) /nsnrvak/