Gujarat High Court
State Of Gujarat vs Nidatt Prabhudas Barot on 18 August, 2022
Author: A. J. Desai
Bench: A. J. Desai
C/LPA/1073/2022 ORDER DATED: 18/08/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO.1073 of 2022
In R/SPECIAL CIVIL APPLICATION NO.14855 of 2021
With
CIVIL APPLICATION (FOR STAY) NO.1 of 2022
In R/LETTERS PATENT APPEAL NO.1073 of 2022
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STATE OF GUJARAT
Versus
NIDATT PRABHUDAS BAROT
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Appearance :
MS MANISHA LAVKUMAR, GOVERNMENT PLEADER WITH MS
SHRUTI PATHAK, AGP for the Appellants.
MR MEET A SHAH for the Respondent No.1.
MRS SUMAN KHARE for the Respondent No.2.
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CORAM:HONOURABLE MR. JUSTICE A. J. DESAI
and
HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 18/08/2022
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A. J. DESAI)
1. By way of the present Letters Patent Appeal under Clause 15 of the Letters Patent, the appellant - State of Gujarat, through the Secretary of Education Department has challenged oral order dated 24.1.2022 passed by learned Single Judge in captioned Writ petition by which learned Single Judge has allowed the writ petition filed by the respondent No.1 herein - original petitioner and quashed and set aside the action of the respondent authorities in placing the original petitioner in the grade of Rs.9,000/- instead of Rs.10,000/- and directed the respondent authorities to fix the pay grade of the petitioner at Level-14 at Rs.10,000/- and directed the respondent Page 1 of 15 Downloaded on : Thu Aug 18 20:40:09 IST 2022 C/LPA/1073/2022 ORDER DATED: 18/08/2022 authorities to pay arrears within a period of one month.
2. We have heard Ms. Manisha Lavkumar, learned Government Pleader assisted by Ms. Shruti Pathak, learned Assistant Government Pleader appearing for the appellant, learned advocate Mr. Meet A. Shah for respondent No.1 herein - original petitioner who appears on caveat and learned advocate Mrs. Suman Khare for respondent No.2 - University Grants Commission.
3. Short facts arises from the record are as under :-
3.1 It is the case of the original petitioner that he is reduced from the grade pay of Rs.10,000/- to Rs.9,000/- by misinterpreting the Notification / Scheme dated 02.11.2017 issued by the Ministry of Human Resource Development, Department of Higher Education, Government of India, New Delhi.
3.2 The original petitioner started his academic career as Assistant Professor in T. N. Rao College of Teacher Education affiliated to Saurasthra University and served therein from 24.08.2002 to 13.02.2008. He served as a Principal in Smt. R.D. Gardi College of Education from 14.02.2008 to 09.04.2008 and T. N. Rao College of Teacher Education from 10.04.2008 to 18.01.2013. Thereafter, the petitioner served as Pro-Vice Chancellor of the Hemchandracharya North Gujarat University from 19.01.2013 to 16.09.2013. The petitioner served as Page 2 of 15 Downloaded on : Thu Aug 18 20:40:09 IST 2022 C/LPA/1073/2022 ORDER DATED: 18/08/2022 Principal in T. N. Rao College of teacher Education from 17.09.2013 to 06.10.2017. It is pertinent to note that the petitioner drew the salary, as per pay-scale of Rs.37400-
67000 [Pay Band] + Rs.10,00/- (Academic Grade Pay) since his appointment as Principal in Smt. R. D. Gardi College of Education from 14.02.2008.
3.3 Upon the vacancy of post of Principal in the Institute of Language Teaching B.Ed. (English Medium) College, a grant-in-aid B.Ed. College, the management issued an advertisement inviting the applications for the post of Principal. The management also issued an "No Objection Certificate" dated 09.07.2015 to the original petitioner. Thereafter, the original petitioner was appointed as a Principal vide appointment order dated 06.10.2017 in the Institute of Language Teaching B. Ed. (English Medium) College affiliated to the Indian Institute of Teachers Education University (previously affiliated with the 'Saurashtra University').
3.4 As per the University Grants Commission Regulations, 2010, the pay-scale of Rs.37400-67000 (Pay Band) + Rs.10,000 (Academic Grade Pay) was granted to the original petitioner at the time of his appointment. The appointment of the original petitioner as Principal was pre- sanctioned by the Saurashtra University and Commissioner of Higher Education vide orders dated 21.09.2017 and 5.10.2017 respectively. The appointment of the original petitioner was sanctioned by the Commissioner of Higher Education vide order dated 9.11.2017 with the pay-scale of Page 3 of 15 Downloaded on : Thu Aug 18 20:40:09 IST 2022 C/LPA/1073/2022 ORDER DATED: 18/08/2022 Rs.37400-67000/- (Pay Band) + Rs.10,000/- (Academic Grade Pay).
3.5 The University Grants Commissioner vide scheme dated 02.11.2017 revised the pay-scales of teachers and equivalent academic staff as per the recommendations of the 7th Pay Commission. It is stated in clause No.4(i) of the said scheme that the pay of Principals of Undergraduate College shall be equivalent to the pay of Associate Professor having Academic Level 13A and so far, the pay of Principals of Post-Graduate College is concerned, their pay shall be equivalent to the pay of Professor having Academic Level 14. The Academic Level 13A prescribes the entry pay of Rs.49,200/- and Academic Grade pay of Rs.9,000/-, which is equivalent to Associate Professor, whereas Academic Level 14 prescribes the entry pay of Rs.53,000/- and Academic Grade Pay of Rs.10,000/-, which is equivalent to Professor. The UGC issued a Corrigendum dated 08.11.2017 to Scheme dated 02.11.2017.
3.6 The respondent No.1 vide Government Resolution dated 01.02.2019 extended the benefits of revision of pay-scale as recommended by 7th Pay Commission to the employees of the State Government and Grant-in-Aid colleges and accepted the scheme of the UGC dated 02.11.2017.
3.7 The respondent No.1 issued a clarificatory Government Resolution dated 01.07.2019, whereby it has Page 4 of 15 Downloaded on : Thu Aug 18 20:40:09 IST 2022 C/LPA/1073/2022 ORDER DATED: 18/08/2022 been made clear that when new recruitment process is undertaken, the Principals (Undergraduate College) shall be entitled for Level 13A entry pay of Rs.1,31,400/-.
3.7 In view of the above Resolutions, the respondent authorities placed the original petitioner in lower pay-scale prescribed in Level 13A (Academic Grade Pay of Rs.9,000/-). Hence, writ petition was filed by the original petitioner challenging the said action of the respondent authorities with following prayers :-
"10 (B) This Hon'ble Court may be pleased to quash and set-aside the impugned action of placing the petitioner in lower pay-scale prescribed in Level 13A (Academic Grade pay of Rs.9,000/-) by respondents and be pleased to declare that the petitioner is entitled for pay scale prescribed in the Level 14(Academic Grade pay of Rs.10,000/-) of the Scheme of UGC dated 02.11.2017;
(C) This Hon'ble Court be pleased to
issue a writ of mandamus and/or
certiorari or a writ in the nature of
mandamus and /or certiorari or any other appropriate writ, order, or directions to respondents to place / continue the petitioner in pay-scale of Level 14 prescribed in the UGC scheme dated Page 5 of 15 Downloaded on : Thu Aug 18 20:40:09 IST 2022 C/LPA/1073/2022 ORDER DATED: 18/08/2022 02.11.2017 i.e. Rs.37,400 - 67,000 (Pay Band) + Rs.10,000/- (Academic Grade Pay_ forthwith and further be pleased to direct the respondents to make payment of arrears along with all the consequential benefits with interest at the rate of 12% per annum ."
4. In response to the notice issued in the writ petition, the appellants herein - respondents in the writ petition filed affidavit-in-reply dated 6.12.2021 and opposed grant of reliefs prayed for by the original petitioner.
5. Learned Single Judge after considering the rival submissions of the parties and Scheme of Central Government as well as various Circulars of the State Government, by the impugned order, has accepted the petition of the original petitioner as stated herein above.
6. Hence the present Letters Patent Appeal.
7. Ms. Manisha Lavkumar, learned Government Pleader appearing for the appellant would submit that learned Single Judge has committed an error in interpreting the scheme dated 2.11.2017 of Government of India, Ministry of Human Resource Development, Department of Higher Education which was adopted by the State of Gujarat Page 6 of 15 Downloaded on : Thu Aug 18 20:40:09 IST 2022 C/LPA/1073/2022 ORDER DATED: 18/08/2022 and issued Resolution dated 1.2.2019 by which it was decided to revise pay scales of teachers and equivalent academic staff working in Government Colleges as well as Grant-in-Aid Colleges as per the recommendations of 7th Pay Commission. She would further submit that learned Single Judge has erred in interpreting clarificatory Resolution dated 1.7.2019 issued by Education Department, Government of Gujarat which suggests that as on 1.1.2016, the Principal (Undergraduate College) in the pay scale of Rs.37400 - 57000 with Grade Pay of Rs.10,000/- (Level 14) would get salary of Rs.1,44,200/-. She would further submit that it is an undisputed fact that the original petitioner was appointed on 7.10.2017 by the Commissioner of Higher Education, Gandhinagar and prior thereto, he was working in private College and, therefore, the Government has decided to clarify that those persons who were working with the Government College or Government Aided College as on 1.1.2016 shall be placed in Level 13A and, therefore, learned Single Judge has erred in accepting the writ petition of the original petitioner. She would further submit that learned Single Judge has erred in interpreting the note put in the Scheme dated 2.11.2017 whereby it was clarified that the existing pay scale of person appointed as Principal shall be protected. She would further submit that as per the said scheme, pay of the original petitioner was protected, however, as per Government Resolution dated 1.7.2019, the original petitioner Page 7 of 15 Downloaded on : Thu Aug 18 20:40:09 IST 2022 C/LPA/1073/2022 ORDER DATED: 18/08/2022 would be entitled for Level 13 A entry and would get salary of Rs.1,31,400/- since he was working as Principal in Under Graduate College. She, therefore, would submit that present appeal may be admitted and the impugned order of learned Single Judge may be quashed and set aside.
8. On the other hand, Mr. Meet A. Shah, learned advocate appearing for the respondent No.1 herein - original petitioner would submit that the original petitioner was appointed on 7.10.2017 as Principal by the office of Commissioner of Higher Education, Gandhinagar by appointment order dated 9.11.2017 and it was specifically mentioned in the said appointment order that his pay was fixed in the pay-scale of Rs.37400-67000 [Pay Band] + Rs.10,00/- (Academic Grade Pay). He would further submit that clarificatory Government Resolution dated 1.7.2019 issued by State of Gujarat makes it clear that as on 1.1.2016, the Principal working in Undergraduate College shall get Level 14 entry pay of Rs.1,44,200/- and when new recruitment is undertaken, the Principals (Undergraduate College) shall be entitled for Level 13A entry pay of Rs.1,31,400/-. He would further submit that earlier, the pay scales of Professor and Associate Professor were same. However, for the first time, the Government of India, Ministry of Human Resource Development Department of Higher Education vide Scheme dated 2.11.2017 introduced different pay scale method for Page 8 of 15 Downloaded on : Thu Aug 18 20:40:09 IST 2022 C/LPA/1073/2022 ORDER DATED: 18/08/2022 Professor and Associate Professor. However, since the original petitioner was appointed in the year 2017, as per the note put in the said scheme, it was clarified by the Central Government that the existing pay scale of person appointed as Principal shall be protected and hence, at the time of appointment of the original petitioner, he was appointed with Grade Pay of Rs.10,000/- and hence, the original petitioner was entitled for protection of his pay scale. He, therefore, would submit that learned Single Judge has committed no error in allowing the writ petition of the original petition and hence, the present appeal may be dismissed.
9. We have heard learned advocates appearing for the respective parties and perused the impugned order of learned Single Judge as well as scheme dated 2.11.2017 of the Central Government and State Government Resolutions dated 1.2.2019 and 1.7.2019. It is an undisputed fact that the Government of India, Ministry of Human Resource Development Department of Higher Education had introduced Scheme dated 2.11.2017 of revision of pay of teachers and equivalent cadres in Universities and Colleges following the revision of pay scales of Central Government employee on the recommendation of 7th Central Pay Commission. It is true that the original petitioner was appointed as Principal by the office of Commissioner for Higher Education, Gandhinagar by order dated 9.11.2017 Page 9 of 15 Downloaded on : Thu Aug 18 20:40:09 IST 2022 C/LPA/1073/2022 ORDER DATED: 18/08/2022 and it was specifically mentioned in the said appointment order that his pay was fixed in the pay- scale of Rs.37400-67000 [Pay Band] + Rs.10,00/- (Academic Grade Pay). Further, the note put in the said Scheme dated 2.11.2017 makes it clear that the existing pay scale of person appointed as Principal shall be protected. It is also true that the Education Department of the State of Gujarat by Government Resolution dated 1.2.2019 adopted the scheme dated 2.11.2017 of Government of India, Ministry of Human Resource Development Department of Higher Education. Thereafter, Education Department of the State of Gujarat issued clarificatory Resolution dated 1.7.2019 wherein it has been clarified that as on 1.1.2016, the Principal (Undergraduate College) in the pay scale of Rs.37400 - 57000 with Grade Pay of Rs.10,000/- (Level 14) would get salary of Rs.1,44,200/- and when new recruitment process is undertaken, the Principals (Undergraduate College) shall be entitled for Level 13A entry pay of Rs.1,31,400/-. Therefore, in our opinion, the person who is appointed as Principal (Undergraduate College) subsequent to Government Resolution dated 1.7.2019 would be entitled for Level 13A entry pay of Rs.1,31,400/-. Hence, the authorities have clearly erred in placing the original petitioner from the grade pay of Rs.10,000/- to Rs.9,000/- by misinterpreting the Notification / Scheme dated 02.11.2017 issued by the Ministry of Human Resource Development, Department of Higher Education, Government of Page 10 of 15 Downloaded on : Thu Aug 18 20:40:09 IST 2022 C/LPA/1073/2022 ORDER DATED: 18/08/2022 India, New Delhi.
10. All these aspects have been dealt with by learned Single Judge in detail in paragraphs 10 to 14 of the impugned order which reads as under :-
"10. The facts as narrated hereinabove are not in dispute. However, the dispute is with regard to fixation of the grade pay of the petitioner from Rs.9,000/- instead of Rs.10,000/-. It is not in dispute that the petitioner was in the grade of Rs.10,000/- at the time of his appointment and prior to that also. In the scheme / notification was issued by the Central Government on 02.11.2017, which is adopted by the State Government, it was decided to give the pay-scale or revised the pay-scale of the Central Government Employees on the recommendation of 7th Central Pay Commission. The relevant entry pay level were revised as below.
Level Academic Grade Entry Pay (Rs.)
Pay
10 6,000 21,600
11 7,000 25,790
12 8,000 29.900
13A 9,000 49,200
14 10,000 53,000
15 67,000
11. The afore-noted statement would suggest that the grade pay of level 13A is fixed as Rs.9,000/-, whereas Level 14 has been fixed at Rs.10,000/-. The petitioner Page 11 of 15 Downloaded on : Thu Aug 18 20:40:09 IST 2022 C/LPA/1073/2022 ORDER DATED: 18/08/2022 undoubtedly was in the grade of Rs.10,000/- when he was appointed in the grant-in-aid Institute at Jamangar on 07.10.2017. At this stage, it would be pertinent to note that the provisions pertaining to the revised pay of Principals in colleges, as incorporated in the aforesaid scheme, reads as under.
" 4. Revised pay of Principals in Colleges The pay of Principals in Under Graduate and Post Graduate Colleges shall be :
(i) Under Graduate Colleges : the pay of Principals shall be equivalent to the pay of Associate Professor i.e. Academic Level 13A with rationalized entry pay of Rs.1,31,400/-, with the existing special allowance of Rs.2000/- per month.
(ii) Post Graduate Colleges : The pay of Principals shall be equivalent to the pay of Professor i.e. at level Academic Level 14 with rationalized entry pay of Rs.1,44,200/-, with the existing special allowance of Rs.3,000/- per month.
Note : (i) The existing pay scale of person appointed as Principal shall be protected.
(ii) Principals would continue to have lien in their main academic post where they would continue to get notional promotions while they are functioning as principals. After completion of their tenure as principals, they would go back to their academic post and draw salary due in such respective academic posts, and would not continue to have the Principals' pay.
7. Date of Implementation The date of implementation of the above revised pay shall be 1st January, 2016 ."
12. The note below Regulation/ Clause 4 reads "the existing pay scale of person appointed as Principal shall be Page 12 of 15 Downloaded on : Thu Aug 18 20:40:09 IST 2022 C/LPA/1073/2022 ORDER DATED: 18/08/2022 protected". The date of implementation of Regulation 7 indicates that the same shall be made applicable from 01.01.2016. Accordingly, the pay of the petitioner was fixed and as the pay bill of 30.11.2019 (Annexure-I) would reflect that the grade pay of the petitioner was fixed at Rs.10,000/- however, in the subsequent pay bill on 31.12.2019 though the name of the petitioner figures at Level-14, his grade has been reduced. As noted hereinabove, Level-14 of the scheme, specifies the grade of Rs.10,000/-, however the respondent authorities though, while maintaining the level of the petitioner at Level-14 has reduced the grade pay from Rs.10,000/- to Rs.9,000/-.
13. Thus, there appears to be apparent anomaly in fixing the grade pay of the petitioner from Rs.10,000/- to Rs.9,000/- even after maintaining Level-14. The respondent authorities have interpreted resolution dated 01.07.2019 issued by the Education Department, while placing him in the grade pay of the petitioner of Rs.9,000/-.
The entire issue raised in the petition, hinges on paragraph No.2 of the Resolution dated 01.07.2019, the same reads as under :-
" (2) As on 01/01/2016, Level - 14, Entry Pay
- 1,44,200/- in the Seventh Pay Commission shall be granted to the principal (UG College) in service against the Pay Scale Rs.37400 - 67000, Grade Pay - 10000 in the Sixth Pay Commission.
However, at the time of the new recruitment, Level - 13A, Entry Pay - 1,31,400/- shall be admissible to the principal (UG College) ."
14. A plain and simple reading of the aforesaid Page 13 of 15 Downloaded on : Thu Aug 18 20:40:09 IST 2022 C/LPA/1073/2022 ORDER DATED: 18/08/2022 paragraph indicates that the Principals, who were working as such as on 01.01.2016 their grade pay is required to be fixed to Rs.10,000/- in 7 th Pay Commission at Level-14, however it is categorically mentioned that for new appointees, their pay and grade pay has to fix per the Level-13A of the scheme introduced by the Central Government. It is the case of the respondent authorities that since the petitioner was appointed on 07.10.2017, his grade pay is required to be fixed as per Level-13A, having grade of Rs.9,000/-. Thus, there appears to be clear misinterpretation of the Resolution dated 01.07.2019 by the respondent authorities, in misreading the paragraph No.2 of the Resolution dated 01.07.2019. The respondent authorities have apparently ignored the note below Regulation 4 of the scheme / notification dated 02.11.2017, which stipulates that the existing pay-scale of the person appointed as Principal shall be protected. Once there is a specific clause made in the scheme with regard to protection of pay of the Principal, the pay of the petitioner, who was working as Principal having grade pay of Rs.10,000/- as on the promulgation of the scheme i.e. on 01.01.2016, and on his date of appointment could not have been reduced from Level - 14 to Level-13A, i.e to Rs.9,000/- from Rs.10,000/-. The Resolution dated 01.07.2019 does not in any manner reveals that it is having retrospective effect, but it can be read and is required to be interpreted that the Principals, who are appointed after the issuance of the Resolution dated 01.07.2019 can be placed in Level-13A in the entry of Rs.1,31,400/- having grade pay of Rs.9000/-. Thus, the Page 14 of 15 Downloaded on : Thu Aug 18 20:40:09 IST 2022 C/LPA/1073/2022 ORDER DATED: 18/08/2022 action of the respondent authorities placing the petitioner in the grade of Rs.9,000/- instead of Rs.10,000/- is hereby quashed and set aside. The respondents are directed to fix the pay grade of the petitioner at Level-14 at Rs.10,000/-.
It is not in dispute that the level of the petitioner has not been altered from Level-14 to Level-13A and the same still remains as such and hence, when Level-14 is maintained, the corresponding grade pay, as per the scheme, is Rs.10,000/-, is required to be fixed."
11. We are in complete agreement with the aforesaid findings and conclusions of learned Single Judge as well as interpretation of the clauses of the Resolutions. We do not find any error in the impugned order of learned Single Judge and hence, the present appeal stands dismissed.
Connected civil application also stands dismissed.
However, time to comply with the order of learned Single Judge is extended upto 30.9.2022.
Sd/-
(A. J. DESAI, J) Sd/-
(NISHA M. THAKORE, J) SAVARIYA Page 15 of 15 Downloaded on : Thu Aug 18 20:40:09 IST 2022