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Central Administrative Tribunal - Delhi

Sushma Sharma vs Govt. Of Nctd on 17 December, 2024

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                                               O.A. No. 350/2017




           Central Administrative Tribunal
             Principal Bench, New Delhi

                       O.A. No. 350/2017
          Tuesday, this the 17th day of December, 2024

       Hon'ble Mr. Justice Ranjit More, Chairman
       Hon'ble Mr. Rajinder Kashyap, Member (A)

Ms. Sushma Sharma
Lady Lecturer(Library Science)
W/o Sh V K Sharma
R/o Flat No. 8, Meera Bai Polytechnic Campus
Maharani Bagh, New Delhi-65
Aged around 55 years

                                                 ...Applicant
(By Advocate: Mr. Sourabh Ahuja)

                                   Versus

1. Govt of NCT of Delhi
Through its Chief Secretary
Delhi Sachivalaya
Players Building, IP Estate, New Delhi - 110002

2. Principal Secretary/Secretary
Department of Training and Technical Education
GNCT of Delhi
Muni Maya Ram Marg, Pitam Pura, Delhi - 110088

3. Deputy Director(E-1)
Department of Training and Technical Education
GNCT of Delhi
Muni Maya Ram Marg, Pitam Pura, Delhi - 110088

4. Director
Department of Training and Technical Education
GNCT of Delhi
Muni Maya Ram Marg, Pitam Pura, Delhi - 110088
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                                        O.A. No. 350/2017




5. Principal
Meerabai Institute of Technology
Department of Training and Technical Education
Maharani Bagh, New Delhi - 110065

6. Lt. Governor of Delhi
GNCT of Delhi
Raj Niwas, Shamnath Marg,
Delhi
                                       ...Respondents
(By Advocate: Mr. Amit Anand)
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                                                        O.A. No. 350/2017




                     O R D E R (ORAL)

Per: Justice Ranjit More, Chairman Heard learned counsel for the respective parties. Since pleadings are complete in the OA, with consent of learned counsel for the parties, this OA is taken up for final hearing.

2. Vide present OA, the applicant has sought the following reliefs:

"(a) Direct the respondents to implement their own orders dated 13.07.2016 and 15.09.2016 in its totality qua the Applicant by granting her pecuniary benefits (viz. difference in salary, arrears, interest@18% on the arrears, seniority, promotion etc.) which emanates from the above noted orders in lieu of grant of Lecturer (Selection Grade) w.e.f. 30/08/2001 and PB-4 with AGP of Rs. 9000/- w.e.f. 01/01/2006. And

(b) Quash and set aside Circular dated 04/08/2016, Order dated 13/01/2017 and Order dated 27/01/2017 to the limited extent, whereby the respondents are withdrawing order (i.e. 15.09.2016) granting PB-4 with AGP of Rs. 9000/- to the Applicant. And

(c) Award cost on favour of the applicant and against the respondents."

3. The brief facts relevant for the disposal of the present OA are that upon recommendation of the UPSC, the applicant was appointed against a permanent post of Lady Lecturer (Library Science), Group 'A' Gazetted in the pay scale of Rs. 2200-4000 vide memorandum dated 25.10.1991. The All India Council for Technical Education (AICTE) issued a circular/notification dated 30.12.1999, which was 4 O.A. No. 350/2017 accepted by the Delhi Government on 12.12.2003, which stipulates that in the teaching cadre, subject to suitability, a Lecturer has to be placed in the senior scale on completion of six years of service. Clause 8.3 of the said circular/notification stipulates that a Lecturer (Senior Scale) having Masters Degree and five(05) years of regular service in that scale will be placed as Lecturer (Selection Grade).

4. There is no dispute that in terms of the circular/notifications issued from time to time by AICTE including the aforesaid circular/notification dated 30.12.1999, subject to suitability, the Lecturers are required to be placed in Senior scale on completion of 6 years service. On rendering another 5 years service as Lecturer (Senior Scale), an employee is entitled for consideration for Lecturer (Selection Grade-I). Further, upon completion of another three years of service as Lecturer (Selection Grade-I), a candidate is entitled for Lecturer (Selection Grade-II). Admittedly, the applicant was granted Selection Grade-I w.e.f. 30.08.2001 vide order dated 13.07.2016. It is the claim of the applicant that arrears in pursuance of the said order have not been paid to her. Along with the applicant, several other Lecturers (Senior Scale) were also granted Selection Scale-I including one Mr. Hemraj Meena. Thereafter, vide order dated 15.09.2016, the respondents were pleased to fix the pay of the applicant in Lecturer (Selection Grade-II) in PB-4 with AGP of Rs. 9000/-

w.e.f. 01.01.2006. However, later on, vide orders dated 13.01.2017 and 27.01.2017, the respondents directed all the Principals to withdraw the order vide which pay scale of PB-4 with AGP of Rs. 9000 was granted to the applicant and some other identically situated persons. Aggrieved by the same, the applicant approached this Tribunal by filing the present OA, wherein this Tribunal vide its order dated 31.01.2017 read with order dated 01.02.2017, stayed the operation of the order dated 27.01.2017 qua the applicant. It is now the grievance of the applicant that after completion of three years of service as Lecturer (Selection Grade-I), she is entitled to be considered for Lecturer (Selection Grade-II), however, the same has not been done by the respondents.

5. Mr. Ahuja, learned counsel for the applicant submits that Mr. Hemraj Meena, who was granted Lecturer (Selection Grade-I) vide order dated 13.07.2016 w.e.f. 23.12.2005, was also granted Lecturer (Selection Grade-II) w.e.f. 23.12.2008 vide order dated 27.05.2022 by the Govt of National Capital Territory of Delhi, Department of Training and Technical Education. Mr. Ahuja further submits that since the applicant's case is identical to that of Mr. Hemraj Meena, she is entitled for grant of Lecturer (Selection Grade-II) w.e.f 01.01.2006, i.e., the date when the recommendations of the 6th Central Pay Commission came into force.

6. Vide order dated 20.11.2024 passed in MA No. 3138/2024, we directed Mr. Amit Anand, learned counsel for the respondents to obtain instructions as to whether the case of the applicant is identical to that of Mr. Hemraj Meena. In compliance of the said order, Mr. Anand has placed on record an email/communication dated 13.12.2024 received from the respondents which reads as follows:

"On the above cited subject it is informed that After going through the trailing correspondence it I been noted that the lodgerhcad is applicant case and Benefit confered to persons Sh. Hemraj Meena and Sh. N.C. Goel.

Now at this junction it is worth to be noted that in the instant case i.e Smt Sushma Sharma the order for grant of PB-4 Rs. 9000 was passed at the institution level i.e by then Principal Dr. Toulte of Meera Bai institute of Technology.

However the competent authority to do so was HQ DTTE, which can also be seen for past record order while granting increase in pay to concerned applicant and any order passed other than by the competent authority is Null and void & hence bad in eyes of law, also releasing such order by Institution instance is ultra vires and absolute illegal, Hence this is the major stated differentiation/ counterblast to instant applicant case then the two relied case of Sh. N.C. Goel and Sh. Hemraj Meena case.

Regards SO E-1"

Mr. Anand, learned counsel for the respondents, however, does not dispute that Mr. Hemraj Meena has been granted Lecturer (Selection Grade-II), w.e.f. 23.12.2008.

7. In the above circumstances, we are of the opinion that the applicant is required to be treated similarly as 7 O.A. No. 350/2017 Mr. Hemraj Meena. We, accordingly allow the OA by issuing following directions:-

(a) Orders dated 04.08.2016, 13.01.2017, 27.01.2017 qua the applicant are set aside.

(b) Respondents are directed to pay arrears and all consequential benefits to the applicant in pursuance of the order dated 15.09.2016 whereby PB-4 with AGP of Rs. 9000 was granted to the applicant.

(c) The entire exercise, as mentioned above, shall be carried out within 6 weeks from the date of receipt of certified copy of this order.

(Rajinder Kashyap)                ( Justice Ranjit More )
  Member (A)                            Chairman
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