Central Administrative Tribunal - Chandigarh
Manmadha Rao Manduru vs Education Deptt., Ut Chandigarh on 9 December, 2025
1
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
ORIGINAL APPLICATION NO.88/2022
PRONOUNCED ON: 09.12.2025
RESERVED ON: 24.11.2025
CORAM:
HON'BLE MR. SURESH KUMAR BATRA, MEMBER (J)
HON'BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)
Manmadha Rao Munduru son of Sh Ramabrahmam, aged 49
years, Assistant Professor (Sculpture), Govt. College of Art,
Sector-10. Chandigarh-(UT). Group 'A'.
.... Applicant
(By Advocate: Sh. S.S. Pathania).
Versus
1. Administrator, Union Territory, Chandigarh through Advisor to
Administrator, UT Secretariat, Sector 9, Chandigarh (UT).
Email:[email protected]
2. Secretary Technical Education, UT Administration, Sector 9.
Chandigarh U T). Email:[email protected]
3. Principal-cum -Head of Department, Govt College of Art,
Sector 10, Chandigarh (UT). Email: [email protected]
....Respondents
(By Advocate: Sh. Vinay Gupta).
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c485da704d
31, PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262
KAMLA DEVI
First Floor Sector19 Panchkula, OID.2.5.4.65=
1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER=
a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6afa6fcaed8e4
65, O=Personal, CN=KAMLA DEVI
Reason: I am the author of this document
Location:
Date: 2025.12.11 15:42:20+05'30'
2
ORDER
PER: MRS. RASHMI SAXENA SAHNI, MEMBER (A)
1. Present original application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking following relief:-
(i) That impugned order dated 19-09-2019 (Annexure A-8) may please be set aside and quashed and respondents may please be directed to grant the benefit of counting of the previous service rendered on a contract basis from 08-12-2004 to 26-02- 2007 with all the consequential benefits.
ii) That arrears so accrued may please be ordered to be disbursed to the applicant with interest @ 12.00% from the date of accrual to the actual date of payment.
2. Briefly stated facts of the case are that one post of Assistant Professor (now re-designated as Associate Professor) in Sculpture was advertised by Department of Technical Education, Chandigarh on contract basis for Govt. College of Art (GCA), Sector 10, Chandigarh. Being eligible and qualified, the applicant applied for the post through proper channel and got selected by duly constituted Selection Committee and was offered the said post vide letter dated 02-12-2004 (Annexure A-1). On being relieved from Government Model Senior Secondary School, Sector 19-C, Chandigarh vide Office Order dated 08-12-2004 (Annexure A-
2), applicant joined duty in Government College of Art on the same day.
3. While working as Fine Arts Master (TGT) in Government Model Senior Secondary School Sector 19-C, Chandigarh, a DN: C=IN, S=Haryana, Phone= 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c485da704d 31, PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 KAMLA DEVI First Floor Sector19 Panchkula, OID.2.5.4.65= 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6afa6fcaed8e4 65, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2025.12.11 15:42:20+05'30' 3 regular post of Assistant Professor (erstwhile Lecturer) was advertised by the Chandigarh Administration through Union Public Service Commission. Being eligible and qualified, the applicant applied for the same and got selected. On the recommendations of UPSC, the applicant was appointed as Assistant Professor (Lecturer) vide offer letter dated 15.02.2007 (Annexure A-3), pursuant thereto, the applicant joined as Assistant Professor (Lecturer) on 26.02.2007 on being relieved from the post of Associate Professor (erstwhile Assistant Professor) on contract.
4. Probation of the applicant was cleared vide order dated 20.01.2009 (Annexure A-4). Applicant was granted the Senior Scale w.e.f. 26.02.2012 vide order dated on 21.10.2014 (Annexure A-5) and Selection Grade vide Chandigarh Administration Order dated 02.02.2018 (Annexure A-6). Financial Upgradations (Promotion under CAS) have been stated to be granted under the rules and the applicant is due for retirement on 31.03.2030.
5. While granting the financial upgradations of Sr. Scale and Selection Grade, previous service w.e.f. 08.12.2004 to 25.02.2007 rendered, in the same College, on contract is not counted. As per Govt of India, Ministry of Human Resource Development (Department of Education) letter dated 27.07.1998 addressed to UGC, the criterion laid down for DN: C=IN, S=Haryana, Phone= 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c485da704d 31, PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 KAMLA DEVI First Floor Sector19 Panchkula, OID.2.5.4.65= 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6afa6fcaed8e4 65, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2025.12.11 15:42:20+05'30' 4 CAS. According to applicant, previous service rendered in the College, on contract as Associate Professor, is liable to be counted for grant of financial upgradations. Similar benefits had been granted to similarly situated other faculties and the applicant is being discriminated against and singled out. Selection Grade was granted vide Chandigarh Administration Order dated 02.02.2018 (Annexure A-6) but the API Score is not verified till date and the applicant is being denied the disbursal of financial benefit in a very hostile manner with impunity. O.A. No.060/0338/2021 is pending against non- disbursal of financial benefits in lieu of grant of Selection Grade. Since previous regular service is rendered in the same College, applicant is entitled for Sr. Scale w.e.f. 08.12.2009, Selection Grade w.e.f. 08.12.2014; and for grant of PB-IV w.e.f. 08.12.2017 after counting of previous service of two years, two months and sixteen days. Since there is no regular Principal in the College and hence Office Superintendent is dealing with all such matters. The applicant submitted a representation dated 12.05.2021 (Annexure A-7). After a lapse of seven months when no reply is received by the applicant, the applicant approached the dealing hand Office Superintendent who informed to file an OA in the CAT obtain an order for deciding the representation and then order would be passed like in the case of another DN: C=IN, S=Haryana, Phone= 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c485da704d 31, PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 KAMLA DEVI First Floor Sector19 Panchkula, OID.2.5.4.65= 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6afa6fcaed8e4 65, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2025.12.11 15:42:20+05'30' 5 faculty member namely Dr. Mahesh Prajapati (Annexure A-
8). Moreover, AICTE vide its order dated 03.01.2023 (Annexure A-9) did give clarification about counting of previous service within the present institution. Hence this O.A.
6. The respondents have filed reply dated 27.10.2022 submitting therein that applicant has not yet been granted selection grade despite the mentioned order dated 02.02.2018 of the Chandigarh Administration since the API Scores submitted by the applicant for grant of selection grade are pending with the Punjab University for verification. It is further submitted Institution is governed by norms and standards fixed by All India Council for Technical Education (AICTE), New Delhi and there are no instruction/guidelines /rules of the AICTE or the Punjab Civil Services Rules, according to which the previous service on contract basis can be counted for the purpose of granting promotion under the Carrier Advancement Scheme. Hence the previous service rendered on contract basis by the applicant from 08.12.2004 to 25.02.2007 in Government College of Art (later on the post of Assistant Professor was re-designated as Associate Professor in the year 2009) is not liable to be counted for grant of financial upgradation and no other similarly situated faculty has been granted similar benefit. Further, the O.A. DN: C=IN, S=Haryana, Phone= 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c485da704d 31, PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 KAMLA DEVI First Floor Sector19 Panchkula, OID.2.5.4.65= 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6afa6fcaed8e4 65, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2025.12.11 15:42:20+05'30' 6 has been filed by the applicant after a gap of more than 15 years as applicant was originally appointed on 02.12.2004 on contract basis and continued as such up to 22.06.2007 and the only representation made by applicant is on 12.05.2021 in this regard, which is still under consideration (Annexure A-
7).
7. We have heard learned counsel for the parties and examined facts on record. The issue raised in this O.A. relates to counting of previous service rendered as Lecturer on contract basis in the Government College of Arts, Sector-10, Chandigarh, from 08.12.2004 to 26.02.2007 by the applicant. According to respondents, there is no provision in the guidelines issued by AICTE vide letter dated 03.01.2003 (Annexure A-9) to count past service rendered on contract basis for the purpose of granting Senior Scale/Selection Grade or in Punjab Civil Service Rules for purpose of counting past service on contract basis while granting promotion under Career Advancement Scheme.
8. We have seen clarification issued by AICTE for counting service within present Institute which is applicable to diploma and degree level Institutes.
9. We thus find that the applicant has rendered continuous service from 08.12.2004 to 26.02.2007 as contractual employee in the same College and thereafter rejoined as DN: C=IN, S=Haryana, Phone= 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c485da704d 31, PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 KAMLA DEVI First Floor Sector19 Panchkula, OID.2.5.4.65= 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6afa6fcaed8e4 65, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2025.12.11 15:42:20+05'30' 7 Assistant Professor on regular basis after having been duly selected by UPSC. Yet has not been considered for Senior Scale from 08.12.2009, Selection Grade from 08.12.2014 and PB-IV from 08.12.2017 disregarding his contractual service period of two years, two months and sixteen days. Reasons for the same have not been elaborated upon except that no such provision exists in rules.
10. We have also considered judicial pronouncements relied upon by the applicant, in O.A. No.60/398/2015 on similar grounds filed by Dr. Sanjeev Kumar disposed of on 10.05.2016 as also order dated 03.05.2018 (Annexure A-16) in CWP No.2509 of 2017 passed by the Hon'ble High Court and further SLP No.6159 of 2019 filed by respondents in the said case, has been dismissed vide order dated 18.08.2022 by Hon'ble Supreme Court (Annexure A-17). The Hon'ble High Court in said decision has observed that past service without any break as Lecturer or equivalent should be counted for placement of Lecturer in Senior Scale/Selection Grade provided that the post is an equivalent grade/scale of pay as a post of Lecturer and qualification for the post were not lower than the qualifications prescribed by UGC for the post of Lecturer. We are of the view that the case of the applicant is covered by decision of Hon'ble Punjab and Haryana High Court in CWP No.2509 of 2019 (Annexure A-16).
DN: C=IN, S=Haryana, Phone= 10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c485da704d 31, PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 KAMLA DEVI First Floor Sector19 Panchkula, OID.2.5.4.65= 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6afa6fcaed8e4 65, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2025.12.11 15:42:20+05'30' 8
11. We have also perused AICTE clarification (Annexure A-9) as also Punjab Government notification dated 12.03.1999 (Annexure A-10). As per AICTE clarifications, we find the applicant fulfils all the requirements and his case must be examined in terms of para 43 of AICTE clarification dated 03.01.2003, A-10 relates to pay scales.
12. We are of the considered view that past services of the applicant must be counted in terms of para 43 of AICTE clarifications, if he fulfils all conditions. The Hon'ble High Court of Punjab and Haryana also in the order dated 03.05.2019 (Annexure A-16) have decided similarly. In the light of discussion supra, we find merit in the O.A. and direct the respondents to consider the case of applicant for counting of past service of the applicant for the purpose of grant of senior scale/selection grade and grant all consequential benefits with arrears due and admissible. Action to be completed within eight weeks from date of receipt of certified copy of this order.
13. The O.A. is allowed. No costs.
(RASHMI SAXENA SAHNI) (SURESH KUMAR BATRA)
MEMBER (A) MEMBER (J)
/kr/
DN: C=IN, S=Haryana, Phone=
10d7987dd4a8aacfad9360ba903bda3f4c8af2ad599ef7f95112c485da704d 31, PostalCode=134116, STREET=DO Chandan Singh HOUSE No1262 KAMLA DEVI First Floor Sector19 Panchkula, OID.2.5.4.65= 1440e9763d5e4f52bef95c81dbcf9f5b, T=0038, SERIALNUMBER= a8020b659a8c3d8f8edf96aa669156e2b571c782ec5724add6afa6fcaed8e4 65, O=Personal, CN=KAMLA DEVI Reason: I am the author of this document Location:
Date: 2025.12.11 15:42:20+05'30'