Calcutta High Court (Appellete Side)
Arup Kumar Bhowal vs Union Of India & Others on 10 February, 2014
Author: Nishita Mhatre
Bench: Nishita Mhatre
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19 10.02.14
rpan Ct. No.17 W.P.C.T. No.442 of 2013
In Re: An application under Article 226 of the Constitution of India filed on 1st October,
2013.
AND
In the matter of: Arup Kumar Bhowal
Petitioner
Vs.
Union of India & Others
Respondents
Mr. S. K. Dutta Mr. Kishor Dutta Mr. Barun Chatterjee ... for the Petitioner Ms. Santa Mitra ... for the Union of India Mr. Sudipto Panda ... for the Respondent Nos.2 to 8 The Petition has been filed against the order of the Central Administrative Tribunal, Calcutta Bench dated 2nd September, 2013 in MA 453 of 2012 and OA 614 of 2012. The Petitioner was appointed to the post of Junior Telecom Officer (JTO) after a selection process in the year 1989. He was qualified with a Bachelor in Engineering (Mechanical) and a post-graduate qualification (MME) with Heat Power Engineering. The Petitioner was appointed to this post pursuant to an advertisement issued on 30th June, 1989. The qualifications required for appointment to the post of Junior Telecom Officer specified in the advertisement were graduate in science with minimum 60% marks. Mechanical, electrical, telecommunication, electronics or radio engineering graduates were also eligible to apply to the post.
The Petitioner contends that in view of Rule 27 of the Fundamental Rules, he is entitled to incentives in the form of advance increments as he possesses higher than the requisite qualification, being a post graduate engineer.
Rule 27 sub-Rule 16(iv) reads as follows: 2
"(16) Incentive for acquiring higher
qualifications which are useful in the
discharge of higher official work. - The system of giving incentives in the form of advance increments to those employees who acquire higher qualifications which are useful in the discharge of higher official work has been engaging the attention of the Government in the light of the recommendations made by the Fourth Pay Commission. In order to streamline the system with a view to have uniformity, the Committee of secretaries reviewed the existing scheme in various Ministries / Departments and felt that there is a clear need for switching over from the present system of advance increments to a system of payment of one-time lumpsum incentive. Accordingly, from the current Financial Year (i.e., 1993-1994), the present system of giving advance increments shall be replaced by grant of lumpsum amount as incentive for which the following guidelines may be adopted:-
(i) * * * * * *
(ii)* * * * * *
(iii)* * * * * *
(iv) Incentive payment should be given only for higher qualification acquired after induction into service and will not apply for the incentives now being given in the existing schemes for possession of higher qualification at an entry stage;
(v) * * * * *
(vi) * * * * *"
The contention advanced on behalf of the Petitioner is that since he possessed not only a graduation degree in engineering but also post-graduate qualification (MME with Hear Power Engineering) when he was recruited in service, he 3 is also entitled to incentives payable under Rule 27 of the Fundamental Rules. It is submitted that if only those who acquired higher qualifications after recruitment are to be paid incentive it would mean that there was discrimination against those who had better qualifications at the time of recruitment which cannot be permitted in view of Article 14 of the Constitution of India. According to the Learned Counsel for the Petitioner there is no intelligible differentia between the two classes of the employees.
On a bare perusal of the advertisement, it is pertinent to note that the BSNL in its wisdom has considered the graduation degree in science as equivalent to the graduate degree in engineering. Therefore, no incentive need be paid when a person is a graduate engineer at the time of recruitment. Assuming the Petitioner had additional qualifications of the post-graduate degree, the advertisement made it clear that no bonus points would be awarded for such additional qualifications.
A policy decision has been taken by the Government on the basis of the recommendations of the Pay Commission that incentives would be paid for achieving higher qualifications after the induction into service. A specific embargo is placed on payment of incentives to those who had higher than the required qualifications, at the entry stage. Therefore, if at the stage of induction or recruitment into service a candidate had better qualifications than were stipulated for the post, he is not entitled to payment of incentives.
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We do not find that this amounts to invidious classification of two sets of employees; one set which acquires higher qualifications during the course of service and the other who had higher qualifications at the time of recruitment. An employee, who has better qualifications at the time of recruitment, is well aware of the fact that he has applied for a post which requires lesser qualifications, despite which he accepts the post. He cannot, therefore, contend that incentives should be paid in the form of advance increment for the qualifications that he possessed when he entered service because they were higher than the requisite qualifications. However, if such an employee acquires further qualifications while in service, he would certainly be entitled to incentives on achieving those better qualifications.
The Petitioner, being a post-graduate, applied for a post which did not require the post-graduate degree. He was well aware of the fact that he was not entitled to any bonus points at the time of recruitment.
In our opinion, Rule 27(16)(iv) of the Fundamental Rules does not discriminate between equals which would attract the provisions of Article 14 of the Constitution of India. Hence the petition fails.
There shall be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible on compliance of all necessary formalities.
(Nishita Mhatre, J.) (Subrata Talukdar, J.) 5