Madhya Pradesh High Court
Ajay Prakash Verma vs The State Of Madhya Pradesh on 12 February, 2024
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANJAY DWIVEDI
ON THE 12thOF FEBRUARY, 2024
WRIT PETITION No.6891 of 2022
BETWEEN:-
AJAY PRAKASH VERMA, S/O. LATE BABULAL
VERMA, AGED ABOUT 61 YEARS, OCCUPATION-
SERVICE, R/O. B-46, DR. GOVIND NARAYAN MODEL
TOWN, CHOONA BHATTI, KOLAR ROAD, DISTRICT
BHOPAL (M.P.)
....PETITIONER
(BY SHRI ATUL CHOUDHARY - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH, THROUGH
PRINCIPAL SECRETARY, ENERGY
DEPARTMENT, GOVT. OF M.P. DEPARTMENT,
VALLABH BHAWAN, BHOPAL.
2. MANAGING DIRECTOR, M.P. MADHYA
KHSETRA VIDYUT VITRAM CO. LTD. BHOPAL
(M.P.)
3. CHIEF GENERAL MANAGER (HUMAN
RESOURCE & ADMINISTRATION), M.P. M.K.V.V.
CO. LTD., NISTHA PARISAR, GOVINDPURA,
BHOPAL (M.P.)
4. GENERAL MANAGER (ESTT.) M.P.
M.K.V.V.CO.LTD., NISTHA PARISAR,
GOVINDPURA, BHOPAL (M.P.)
.....RESPONDENTS
(SHRI DARSHAN SONI - GOVERNMENT ADVOCATE FOR RESPONDENT
NO.1/STATE.)
(SHRI V.P. TIWARI - ADVOCATE FOR RESPONDENT NOS. 2 TO 4.)
2
............................................................................................................................................
Reserved on : 05.01.2024
Pronounced on : 12.02.2024
............................................................................................................................................
This petition having been heard and reserved for orders,
coming on for pronouncement this day, the Court pronounced the
following:
ORDER
Since pleadings are complete and learned counsel for the parties are ready to argue the matter finally, therefore, it is heard finally.
2. By the instant petition filed under Article 226 of the Constitution of India, the petitioner is seeking quashing of order dated 25.02.2019 (Annexure P/30) whereby the representation made by him claiming increment in pursuance to the circulars dated 03.04.1975, 03.12.1986 and 03.10.2005 has been rejected informing him that as per his entitlement whatever increment could be granted to him in view of these circulars, the same has already been provided to him. The petitioner is not satisfied with the same and claiming that in pursuance to acquiring higher qualification i.e. Ph.D., he is entitled to get two more increments apart from the increment which had already been granted to him.
3. The facts of the case in nutshell are as under:-
3.1 The petitioner was appointed in the respondent-Department on the post of Sub-Engineer with effect from 29.05.1981. Thereafter he was promoted as a Junior Engineer on regular basis vide order dated 24.11.1984.
3.2. An order dated 03.04.1975 was issued by the 3 respondent/Department providing two advance increments to the Engineers who possess Post Graduate qualification at the time of their appointment on the post of Assistant Engineer and to those who acquired this qualification during course of their service. It was made clear that the benefit of increment would be made available with effect from 01.01.1972 to those officials who were not provided it earlier i.e. before 01.01.1972 and to others from the date which they are formally admitted to the higher degree whichever is later.
3.3. In furtherance to the circular dated 03.04.1975, an order has been issued by the respondents on 03.12.1986 clarifying that a person who possesses Post Graduate degree would be granted two advance increments and also to the engineers who acquired a doctorate degree, i.e. Ph.D., the Board has decided to grant one additional increment who acquired a doctorate degree such as Ph.D./DSC in a subject connected with the branch of Engineering on which they are employed under the Board.
3.4. The petitioner was promoted on the post of Assistant Engineer with effect from 21.04.1988 vide order dated 19.07.1988 (Annexure P/6) and was granted two advance increments with effect from 28.03.1998 on acquiring Post Graduate Degree (M.Tech.) in Heavy Electrical Equipment.
3.5. On 03.10.2005, an order has been issued clarifying the conditions contained in orders dated 03.04.1975 and 05.04.2002. The petitioner is claiming that in view of clarification made vide order dated 03.10.2005, he would be entitled to get two additional advance increments for acquiring qualification of Ph.D. but he has been granted only one additional increment for acquiring Ph.D. degree. The petitioner, 4 therefore, in view of clarification had made representations to the respondent/Department for granting him advance increment for acquiring higher qualification of Ph.D. and as such, his representations dated 17.11.2008 and 12.10.2010 (Annexure P/11 and P/12) were answered by the Department vide letter dated 24.12.2010 (Annexure P/13) informing him that the order dated 03.04.1975 is very specifically providing two advance increments for acquiring higher qualification and petitioner had already been granted two advance increments with effect from 28.03.1998 on acquiring higher qualification of M.Tech., therefore, two advance increments second time is not permissible.
4. Counsel for the petitioner submits that the claim of the petitioner was re-scrutinized by the Department and vide note-sheet dated 09.02.2011(Annexure P/16), he was found entitled to get one more increment for acquiring Ph.D. degree and as such, an order was issued on 21.02.2011 (Annexure P/17) granting him one additional increment with effect from 31.10.2008 on acquiring Ph.D. degree in Electrical Engineering. He submits that the petitioner raised his grievance making representations continuously and those are Annexures P/18 to P/38 although he retired at the age of 62 years with effect from 30.06.2021.
He further submits that an order has already been issued by the Department on 25.02.2019 rejecting his claim and as such, this petition has been filed claiming two advance increments instead of one for acquiring Ph.D. degree.
5. The respondents have filed the reply stating therein that claim of the petitioner is misconceived which is clear from the basic order i.e. 03.04.1975 and as per the same, two advance increments for acquiring Post Graduate degree was granted to the petitioner and in view of 5 circular dated 03.12.1986, one advance increment for acquiring Ph.D. degree was also granted to him w.e.f. 31.10.2008. It is further stated in the return that petitioner has misinterpreted the orders issued by the Department from time to time wherein there is no provision for granting two advance increments in the second time only because a Ph.D. degree has been obtained by the employee working in the respondent/Department and as such, it is stated that claim of the petitioner is misconceived and rightly rejected by the Department vide order dated 25.02.2019 (Annexure P/30) and petition, according to them deserve to be dismissed.
6. I have considered the rival submissions of counsel for the parties and also perused the record.
7. The only issue which emerges to be decided in this petition is whether petitioner is entitled to get two additional increments on acquiring qualification of Ph.D. or it should be only one increment as has been granted to the petitioner.
8. From perusal of record, it is clear that petitioner had already been granted two additional increments on acquiring Post Graduate qualification i.e. M.Tech. The basic order giving benefit of additional qualification/higher qualification is dated 03.04.1975 (Annexure P/3) which provides as under:-
"1. The Board is pleased to grant two advance increments, to the Engineers, who possess post graduate qualifications at the time of their appointment as Asstt. Engineer or if they acquire these qualifications at any time in the course of their service.
2. The benefit of two advance increments will be admissible to the existing officers as well if such a benefit has not been already given to them.
3. The normal date of increment of the officials who may be given the 6 benefit of such advance increments will remain unchanged.
4. The benefit of the advance increments will be available with effect from 1st January 1972, to those officials to whom it was not given earlier (i.e. before 1.1.1972) and to others from the date which they are formally admitted to the higher degree whichever is later. The date on which the University concerned officially notifies that the officer is admitted to the higher degree shall be considered as the date from which the advance increments would be due in respect of those who take the degree after 1 st January 1972."
9. Considering the aforesaid order, there is no confusion that the Engineers who possess Post Graduate qualification at the time of their appointment as Assistant Engineer or if they acquired qualification during course of their service would be granted two advance increments. Another order was issued on 03.12.1986 providing benefit to the Engineers who acquired a Doctorate degree i.e. Ph.D./DSC would be entitled to get one advance increment if they acquired Ph.D. degree. The order dated 03.12.1986 reads as under:-
"The Board, vide order No.PD.I/127 dt/ 3.4.1975 had decided that the Engineers possessing post graduate qualification in Engineering would be granted two advance increments. The matter regarding grant of advance increment to those Engineers who acquired a Doctorate Degree i.e. PHD has been considered.The Board is pleased to grant one additional increment to the Engineering graduates who acquired a Doctorate Degree such as PHD/DSC in a subject connected with the branch of Engineering on which they are employed under the Board.
The other terms and conditions for grant of advance increment will remain the same as stipulated in the order No.PD.I/127 dt. 3.4.1975."
10. From perusal of the order dated 03.04.1975, it is clear that when the said order was issued there was no provision for granting advance increment to the Engineers who acquired Ph.D. degree but it relates to grant of two advance increments to those Engineers who acquired Post Graduate qualification. Then order dated 05.04.2002 was issued in continuation of order dated 03.12.1986 clarifying entitlement of advance 7 increments for acquiring Ph.D. degree. The said order reads as under:-
"In continuation to Boards order No. PD-I/F-163/42 dtd. 15-3-1980, Order No. PD-I/F-156(A)/71 dt 6-6-1980, Order No.01-05/I/I/156(A)/106 dt 19-10-1983 and Order No.01-05/I/I/156(A)/187 dt 3-12-1986 as also the relevant orders/circulars issued from time to time in this behalf, it has been decided that the entitlement of advance increment (s) will be there for only such officers/employees who attain the additional/higher educational qualification etc. at Board's direction and not otherwise."
11. The clarification made on 03.10.2005 (Annexure P/9) which created confusion as orders dated 05.04.2002 and 27.05.2002 have been modified in the following manner:-
"The Board vide order No.01-13/5328/32 dtd.05-04-2002 read with Order No.01-13/5328/48 dt. 27.5.02 has decided that the entitlement of advance increment(s) will be there for only such officers/employees who attain the additional/higher educational qualification etc. in pursuance of Board's orders and at Board's costs. The question for grant of advance increment(s) to those officers/employees who have acquired additional/higher educational qualification with the permission of Board/competent authority and at their own cost prior to issuance of the order dt. 5.4.02 was under consideration of the Board. Now, the following has been decided:-
i) the condition laid down in para 1 of the order No.PD.I/127 dtd. 03-04-1975 is modified to the extent that:-
"The Post Graduate Qualification should be with reference to subject related to the activities of the Board."
ii) the order No.01-13/5328/32 dt.5-4-02 and No. 01- 13/5328/48 dtd. 27-05-02 is modified to the extent that:-
"The officers/employees who have acquired higher educational qualification related to Board's activity after approval of Competent Authority prior to 05-04-2002 would be entitled for one/two advance increment(s). Further, the officers/employees who got approval from Competent Authority for higher education on the subject related to Board's activity and took admission for the course prior to issue of Board's order dtd. 05-04-2002 and subsequently 8 possess the Post Graduate Degree/Doctorate Degree be entitled to one/two advance increment(s) as per terms & conditions stipulated in order No.PD.I/127 dt. 03-04-1975."
12. As per the submission made by counsel for the petitioner, it is clear that claim of the petitioner is based upon the order dated 03.10.2005 especially clause (ii) which has modified the order dated 05.04.2002 and 27.05.2002. The petitioner although granted two additional increments in pursuance to order dated 03.04.1975 (Annexure P/3) whereby the Engineers who possess Post Graduate qualification at the time of their initial appointment as Assistant Engineer or thereafter if they acquire the said qualification become entitled to get two advance increments.
13. That, for granting increment acquiring Doctorate Degree, an order has been issued first time on 03.12.1986 (Annexure P/4). It is in furtherance to order dated 03.04.1975 whereby acquiring Post Graduate qualification, two advance increments was available and by order dated 03.12.1986, the matter for grant of increment to those Engineers who acquired a Doctorate Degree, i.e. Ph.D. was considered and it is decided to grant one additional increment to the Engineers who acquired a Doctorate Degree such Ph.D./DSC in a subject connected with the branch of Engineering on which they are employed under the Board. As per order dated 03.10.2005 (Annexure P/9), the orders dated 05.04.2002 and 27.05.2002 is modified saying that the officials/employees who have acquired higher educational qualification related to the Board's activity, would be entitled for one/two advance increments. It was also directed that if an admission has been taken by the officer in the course related to Board's activity prior to order dated 05.04.2002 and 9 subsequently possess the Post Graduate degree/Doctorate degree, be entitled to one/two advance increments. This modification further provides that it will be as per the terms and conditions stipulated in the order dated 03.04.1975.
14. Thus, it is clear that the order dated 03.04.1975 deals with two advance increments for Post Graduate degree and order dated 03.12.1986 deals with Doctorate Degree and one advance increment for the same making it clear that if an employee and officer acquired Post Graduate degree then as per order dated 03.04.1975, two advance increments would be provided and thereafter if acquired Ph.D. degree then as per order dated 03.12.1986 one increment would be granted in addition and in furtherance to order dated 03.04.1975 but if a person having Post Graduate qualification but not related to the Board's activities and then acquired Doctorate degree relating to the Board's activities then only he would be granted two increments because it is also a higher qualification but claim of the petitioner is misconceived for the reason that he is asking two more increments for acquiring Doctorate degree which is the higher qualification for which he has already been granted two additional increments but this is not the object of order dated 03.10.2005 (Annexure P/9). The said provision and interpretation of the petitioner is contrary to the basic order which otherwise provides benefit of advance increment to the Engineers who acquired Ph.D. degree and that circular dated 03.12.1986 (Annexure P/4) being very specific, cannot overwrite and change the basic intention of the Department for granting benefit.
15. In view of the aforesaid, the claim of the petitioner, in my opinion, is absolutely misconceived. The respondent/Department has rightly 10 rejected the claim of the petitioner by the impugned order dated 25.02.2019 (Annexure P/30). The petition, being without any substance, is hereby dismissed.
(SANJAY DWIVEDI) JUDGE rao Digitally signed by SATYA SAI RAO Date: 2024.02.13 18:05:55 +05'30'