Central Administrative Tribunal - Mumbai
Rajesh Kr Thakur vs Defence on 6 December, 2024
1 OA.Nos.371/22, 486/22 & 530/22
CENTRAL ADMINISTRATIVE TRIBUNAL,
MUMBAI BENCH, MUMBAI.
O.A.Nos.371/2022, 486/2022 and 530/2022 Dated this Friday the 6th Day of December, 2024 Coram: Hon'ble Mr.Justice Ranjit V. More, Chairman O.A.371/2022 Dr.Rajesh Kumar Thakur, Professor, College of Military Engineering Dapodi, Pune - 411 031, Wagholi. .. Applicant. ( By Advocate Shri P.J. Prasadrao ).
Versus
1. Union of India, through The Secretary, Ministry of Defence, Govt. Of India, South Block, New Delhi - 110 011.
2. Directorate General (Pers) Co-Ord and Personal Directorate E-in Cs Branch (EIC), Integrated Hqrs of MOD (Army), Kashmir House, Rajaji Marg, DHQ PO, New Delhi - 110 011.
3. The Commandant, College of Militarry Engineering, Dapodi, Pune - 411 031.
4. PCDA (SC), No.01 Finance Road, Pune - 411 001. .. Respondents.
2 OA.Nos.371/22, 486/22 & 530/22( By Advocates Mr.R.R. Shetty, Ld.Sr. Counsel a/w Ms.Sharanya Sinha ).
O.A.486/2022 Dr.Dilip Ichharam Narkhede, Professor, College of Military Engineering, Dapodi, Pune - 411 031 Mob: 9850361996 Email ID:- [email protected] .. Applicant. (By Advocate Shri P.J. Prasadrao) Versus
1. Union of India, through The Secretary, Ministry of Defence, Govt. Of India, South Block, New Delhi - 110 011.
2. Directorate General (Pers) Co-Ord and Personal Directorate E-in Cs Branch (EIC), Integrated Hqrs of MOD (Army), Kashmir House, Rajaji Marg, DHQ PO, New Delhi - 110 011.
Website: www.mes.gov.in
3. The Commandant, College of Militarry Engineering, Dapodi, Pune - 411 031.
Email ID. [email protected]
4. The Principal Controller of Defence Accounts (SC), No.01 Finance Road, Pune - 411 001.
Email Id: cda-pune @nic.in
5. The Chairman, All India Council for Technical Education, Ministry of Human Resource Development, 3 OA.Nos.371/22, 486/22 & 530/22 Govt. Of India, Nelson Mandela Marg, Vasant Kunj, New Delhi - 110 070 Email Id:- [email protected] .. Respondents. ( By Advocates Mr.R.R. Shetty, Ld.Sr.Counsel a/w Ms.Sharanya Sinha and Ms.Anjali Helekar ).
O.A.530/2022Dr.Rajiv Harikishen Kaul, Professor, College of Military Engineering, Dapodi, Pune - 411 031.
Mob:- 8669970929 Email Id. [email protected] .. Applicant. ( By Advocate Shri P.J. Prasadrao ).
Versus
1. Union of India, through The Secretary, Ministry of Defence, Govt. Of India, South Block, New Delhi - 110 011.
2. Directorate General (Pers) Co-Ord and Personal Directorate E-in Cs Branch (EIC), Integrated Hqrs of MOD (Army), Kashmir House, Rajaji Marg, DHQ PO, New Delhi - 110 011.
Website:- www.mes.gov.in
3. The Commandant, College of Militarry Engineering, Dapodi, Pune - 411 031.
Email ID: [email protected]
4. PCDA (SC), No.01 Finance Road, Pune - 411 001.
4 OA.Nos.371/22, 486/22 & 530/22Email Id:- cda-pune @nic.in
5. The Chairman, All India Council for Technical Education, Ministry of Human Resource Development, Govt. Of India, Nelson Mandela Marg, Vasant Kunj, New Delhi - 110 070.
Email Id:- [email protected] .. Respondents. ( By Advocates Mr.P. Khosla and Ms.Anjali Helekar ).
Order (Oral) Since the facts and question of law involved being identical, I propose to dispose of these applications by this common order. For convenience, the facts in O.A.371/2022 is narrated hereinafter.
2. The applicant in O.A.371/2020 entered the service as Assistant Professor in the College of Respondent No.3 on 23.05.2000. The post of Assistant Professor was re-designated as Associate Professor with effect from 01.01.2006. The applicant acquired additional qualification of Ph.D. on 18.06.2014. Thereafter, in terms of AICTE Regulations of 2010, three non-compounded advance increments has been granted to the applicant. With effect from 01.01.2016, the applicant's pay was granted at par with the 7th CPC recommendations. The AICTE thereafter vide notification dated 04.01.2016 clarified that non-compounded advance increments on acquiring of Ph.D./M.Phil/M.Tech. and other equivalent qualifications, while in 5 OA.Nos.371/22, 486/22 & 530/22 service, wherever applicable in AICTE Regulations, 2010 shall be granted in PB-3 (Rs.15600-39100) only. It is further clarified that the advance increments for those who acquired Ph.D./M.Phil/M.Tech and other equivalent qualifications, while in service, will not be allowed in the PB-4 (Rs.37400-67000). The applicant thereafter promoted to the post of Professor on 19.08.2016 and three non-compounded advance increments were allowed on promotion to the post of Professor.
3. Despite of above, the Respondent No.3 in Spl. PTO No.08 dated 08.03.2022 notified to cease the non-compounded increments with effect from 01.01.2016 in terms of clarification of AICTE Regulation dated 04.01.2016. Thereafter, by order dated 26.03.2022, the respondents proposed to recover an amount of Rs.13,20,987/- from the applicant in 9 instalments with effect from April, 2022. The applicant has approached this Tribunal challenging the Spl. PTO dated 08.03.2022 and the Recovery Slip dated 26.03.2022. The Learned Single Member of this Tribunal by interim order dated 05.05.2022 issued notice to the respondents and granted stay to the recovery.
4. Mr.P.J. Prasadrao, learned counsel for the applicants submitted that the applicant has obtained Ph.D. Degree prior to 01.01.2016 and, therefore, his case is covered by the clarification dated 6 OA.Nos.371/22, 486/22 & 530/22 20.05.2020, in this scenario, the respondents are not justified in withdrawing three non-compounded advance increments granted to the applicant in pursuance of the AICTE Regulations of 2010.
5. Mr.R.R. Shetty, Learned Senior Counsel appearing for the respondents contested the application vehemently. He submitted that the applicant has acquired the qualification of Ph.D. on 18.06.2014, and he has been re-designated as Associate Professor in Pay Band-4 with Grade Pay of Rs.9000/- as per 6th CPC, Ministry of Defence Order dated 10.11.2010. He submitted that the Recruitment Rules of 2016 clearly stipulates that the minimum required eligibility criteria for appointment in the post of Associate Professor and Professor is Ph.D. Although the applicant was granted with increments upon his acquiring of Ph.D. on 18.06.2014, the same could not have been granted to him in view of the subsequent clarification issued by the AICTE. In the light of the above, he submitted that no fault can be found in the impugned order and as such the respondents were justified in withdrawing the 3 non- compounded advance increments which were granted to the applicant wrongly.
6. Having considered the rival submissions of the learned counsels and having gone through the OAs, annexures enclosed with the 7 OA.Nos.371/22, 486/22 & 530/22 OAs, counter affidavit filed by the respondents and the rejoinder, I find merit in the applications.
7. There is no dispute about the fact that the applicant entered in service in the post of Assistant Professor in July, 2000 and the post of Assistant Professor was re-designated as Associate Professor with effect from 01.01.2006. There is also no dispute that the applicant acquired additional qualification of Ph.D. on 18.06.2014. Further, it is an admitted fact that prior to 01.01.2006, there were three posts, namely, Lecturer, Lecturer (Senior Scale) and Lecturer (Selection Grade) apart from Assistant Professor and Professor. After 01.01.2006, the posts of Lecturer and Lecturer (Senior Grade) and Lecturer (Selection Grade) came to be re-designated as Assistant Professor. The post of Lecturer was in the Grade Pay of Rs.6000/-, Lecturer (Senior Scale) was in the Grade Pay of Rs.7000/- and Lecturer (Selection Grade) was in the Grade Pay of Rs.8000/-. Further there is no dispute about the fact that the Assistant Professor which was the re-designation given to all the three posts i.e. Lecturer, Lecturer (Senior Grade) and Lecturer (Selection Grade) was in Pay Band-III with Grade Pay of Rs.6000, 7000 and 8000/-. There is also no dispute that with effect from 01.01.2006, Associate Professor was placed in the Pay Band-IV with Grade Pay of 8 OA.Nos.371/22, 486/22 & 530/22 Rs.9000/-.
8. The applicant entered into service in the post of Assistant Professor on 23.05.2000 in pursuance of the Recruitment Rules namely the College of Military Engineering (Professor, Assistant Professor and Lecturer), Recruitment Rules, 1997. Under these rules, the post of Assistant Professor is in the scale of Rs.3700-5700 and minimum required essential qualification was Masters Degree in appropriate branch of Engineering Technology coupled with 5 years experience in Teaching / Industry / Research at the appropriate level. Although the essential qualification was not Ph.D., the desirable qualification was so. The new Recruitment Rules were framed on 12.04.2016. Under these rules the post of Assistant Professor is in Pay Band-3 with Grade Pay of Rs.6000/-, which had the minimum qualification of Bachelor of Engineering, Bachelor of Technology, Master of Technology etc. So far as the post of Associate Professor is concerned, it is in Pay Band-4 with Grade Pay of Rs.9000/- and essential minimum required qualification is Bachelor of Engineering/Master of Technology and Doctor of Philosophy in the appropriate branch or discipline of Engineering/Technology.
9. The AICTE issued notification dated 04.01.2016. Under 9 OA.Nos.371/22, 486/22 & 530/22 these notification clarifications were issued on Certain Issues / Anomalies pertaining to Qualifications, Pay Scales, Service Conditions, Career Advancement Schemes etc. for Teachers and other Academic Staff of Technical Institutions (Degree/Diploma). In the present case, we are concerned with the clarifications related to incentive / non- compounded advance increments. Sr.No.25 of this notification reads as follows:-
Sl.No. Issue Clarification
25 Admissibility for Non- (i) There shall be no increments on
compounded advance completion of PDF/D.Sc fellowship
increments/ Non - programs.
compounded increments for
higher qualifications (Degree (ii) There shall be no advance and Diploma Institutions) as increments for acquiring M. Tech./ a incentive for Ph. D /M. M. Phil or Ph. D degree to those who Tech and other higher are already working as a regular qualifications. faculty with lower qualification and where such higher basic qualifications are/were essential for the post.
(iii) Non-compounded advance increments (Three/Two/One) on acquiring Ph.D/M.Phil/M. Tech. and other equivalent qualifications, while in service, wherever applicable in AICTE Regulations, 2010 shall be granted in PB-3 (Rs. 15600-39100) only. The advance increments for those who acquired Ph.D/M.Phil/ M. Tech. and other equivalent qualifications, while in service are not allowed in the PB-4 (Rs. 37400- 67000).
10 OA.Nos.371/22, 486/22 & 530/22
(iv) Associate Professor who has completed Ph.D and other higher qualifications while in service/ or directly recruited will not be given any advance increment and their basic Pay will be fixed as per rule.
(v) No advance increments are admissible to those who acquired M. E/M. Tech qualification prior to 01- 01-2006, while in service.
10. Reading of the above clarification makes it clear that non- compounded advance increments on acquiring Ph.D./M.Phil/M.Tech. and other equivalent qualifications, while in service, wherever applicable in AICTE Regulations, 2010 shall be granted in PB-3 (Rs.15600-39100) only. The advance increments for those who acquired Ph.D/M.Phil/M. Tech. and other equivalent qualifications, while in service will not be allowed in PB-4 (Rs.37400-67000/-. The respondents relying upon the above notification dated 04.01.2016, passed the impugned order thereby withdrawing the 3 non-compounded advance increments to the applicant.
11. There is no dispute that the applicant was granted incentive of three non-compounded increments after acquisition of Ph.D. in terms of 2010 Regulations namely All India Council For Technical Education (Pay Scales, Service Conditions and Qualifications for the Teachers and 11 OA.Nos.371/22, 486/22 & 530/22 other Academic Staff in Technical Institutions (Degree) Regulations, 2010. Subsequently, the AICTE on 20.05.2020 again issued a clarification on Certain Issues / Anomalies in 6th CPC pertaining to Qualifications, Pay Scales, Service Conditions, Career Advancement Schemes (CAS)/promotions etc. for Teachers and other Academic Staff of Technical Institutions (Degree/Diploma). By this Notification, clarifications are issued in respect of the various issues. Issue no.4 was whether three advance increments shall be applicable as an incentive for acquiring a Ph.D. Degree during service and for this issue clarification is answered as follows:-
"In the clarification dated 04.01.2016 it has been clarified at Sr.No.25 that the advance increments for Ph.D. are not allowed for the incumbents who are in PB-4 (Rs.37400- 67000). However, this clarification shall be applicable for those acquiring Ph.D. Degree after the date of publication of AICTE clarification dated 04.01.2016."
This clarification supports the applicant's case inasmuch as he has acquired the Ph.D. Degree much before the AICTE clarification dated 04.01.2016 and, therefore, the 3 non-compounded advance increments which were validly granted could not have been withdrawn.
12. That apart the reference must be made to the AICTE letter dated 18.01.2022, copy of this letter is annexed at Annexure-R-13, of which Para 3 and 4 reads as follows:-
12 OA.Nos.371/22, 486/22 & 530/22
"It is further clarified that those Associate Professor and Professors who have moved into PB 4 and thereafter completed their Ph.D both prior to 04.01.2016 and thereafter, advance increments on account of Ph.D after 04.01.2016 to these Associate Professor and Professors cannot be continued nor the same can be granted to them with 7th CPC. Once they have moved into PB 4 they become ineligible for grant of advance increment in view of clarification issued vide Sl.No.25 of AICTE Gazette Notification dated 04.01.2016. It may also be seen that Ph.D is the minimum requisite qualification for these posts and therefore the question of grant of advance increment on account of Ph.D. to them does not arise.
In so far as the clarification issued vide AICTE Gazette Notification dated 20.05.2020 (Sl.No.4) is concerned it is meant to clarify that those acquiring Ph.D. degree after 04.01.2016 will not be allowed to continue to avail the benefit of advance increment if they had been inadvertently granted the same by their respective institutions prior to the issue of clarification dated 04.01.2016 (Sl.No.25)"
13. This letter makes it abundantly clear that as per Sr.No.4 of letter dated 20.05.2020, those acquiring Ph.D. degree after 04.01.2016 will not be allowed to continue to avail the benefit of advance increment if they had been inadvertently granted the same by their respective institutions prior to the issue of clarification dated 04.01.2016. In the present case, the Ph.D. degree has been acquired by the applicants on 18.06.2014 i.e. well before 04.01.2016. This letter also supports the case of the applicants. After careful reading of the Notification dated 04.01.2016 coupled with Notification dated 20.05.2020 and AICTE 13 OA.Nos.371/22, 486/22 & 530/22 letter dated 18.01.2022 (referred supra), it is clear that in the event the candidate has acquired Ph.D. degree before 04.01.2016 and has already been granted 3 advance increments, such advance increments shall not be withdrawn in their cases.
14. Mr.R.R. Shetty at this stage invited my attention to AICTE Letter dated 06.12.2021 and submitted that the advance increments for Ph.D. has not been allowed for incumbents who are in PB-4 irrespective of the fact whether Ph.D. has been acquired before or after the date of publication of AICTE clarification dated 04.01.2016. This interpretation of AICTE is based upon old clarification dated 04.01.2016. The facts remains thereafter by subsequent notification dated 20.05.2020, it was made clear by AICTE the date of acquisition of the Ph.D. degree is crucial and if the same is obtained prior to 04.01.2016 three compounded increments cannot be withdrawn. The impugned orders are based on the self clarification dated 04.01.2016, which clarification was subsequently explained by the fresh clarification dated 20.05.2020 and the letter dated 18.01.2022. The respondents have not considered the said subsequent clarification while issuing the impugned orders. The impugned orders are accordingly vitiated.
15. In the light of the above, all the 3 OAs are disposed of by 14 OA.Nos.371/22, 486/22 & 530/22 passing the following order:-
(i) The impugned orders dated 08.03.2022 (Annexure-A-1) and letter dated 26.03.2022 (Annexure A-2) in O.A.No.371/2022;
impugned orders dated 08.03.2022 (Annexure-A-1), letter dated 18.01.2022 (Annexure-A-2) and letter dated 26.03.2022 (Annexure-A-
3) in O.A.No.486/2022; impugned orders dated 25.05.2022, 26.03.2022 and 18.01.2022 in O.A.No.530/2022 are quashed and set aside.
(ii) Any recovery from the applicants, in terms of the withdrawl of 3 compounded advance increments, had made, the same shall be refunded to the applicants within a period of four weeks from the date of receipt of certified copy of this order.
16. No order as to costs. Pendings MAs, if any, stand disposed of.
(Justice Ranjit More) Chairman.
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