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Showing contexts for: API based PBAS in Manisha Khulbe vs Govt. Of Nctd on 1 May, 2024Matching Fragments
6. Our attention is also invited to another impugned communication dated 19.08.2015 wherein Respondent No 1 wrote to the applicant with regard to the representation regarding grant of PB-4 of Rs 37,400- 67,000 with the AGP of Rs 9,000/-, that the representation was forwarded to DTTE i.e. Respondent No 2 and after due consideration, it was returned with the following observations:-
"(c) As per para 3.8 of the AICTE Notification dated 08.11.2012, an Assistant Professor completing three (OA No.3499/2018) years of teaching in the grade of Rs 8,000 (stage 3) shall be eligible subject to the qualifying conditions and the API based PBAS requirements prescribed by the regulations to move to the pay band of Rs 37,400-
7. The applicant submits that in light of the above, Respondent No.2 of the view that persons who have joined as Assistant Professor after 05.03.2010 should have a Ph.D and API based PBAS requirements to be designated as Associate Professor. The applicant reiterates the vital fact that the applicant having completed three years in Lecturer (Selection Grade) on 12.04.2013 itself was entirely overlooked as her past service was ignored. It is submitted that the applicant had tendered technical resignation which was duly accepted and there was no reason to gloss over the scale earned during the past service.
8. The respondents have filed reply stating that the claim of the applicant is not a continuous cause of action. As per Para 3.8 of the AICTE Notification 2012, the Assistant Professor completing three (3) years of teaching in the (OA No.3499/2018) grade of Rs.8000 (stage 3) shall be eligible, subject to the qualifying conditions and the API based PBAS requirements prescribed by these Regulations to move to the Pay Band of Rs.37400-67000/- with next higher grade of Rs.9000/- (stage 4) and to be re-designated as Associate Professor. However, those joining the service after 5th March 2010 shall have also earned Ph.D in addition to above mentioned requirements to move to the Stage-4. The said Regulation also refers to the post of Assistant Professor on which the applicant is being working on. The Regulation 3.8 clearly provides that any person who has joined the service after 05.03.2010 should have earned Ph.D in addition to the requirements mentioned in Para 3.8 of the AICTE Notification. The Applicant, in the present case, joined the service as Lecturer on 10.12.2007. Thereafter, she gave technical resignation from the post of Lecturer w.e.f. 29.08.2011. Thereupon, the applicant joined as Assistant Professor (pre-revised) w.e.f. 29.08.2011. As she has joined the service after 05.03.2010, therefore, she should have earned Ph.D. to qualify for the post of Associate Professor. Therefore, in the light of the above mentioned facts and circumstances, the present O.A. is liable to be dismissed on the ground of delay and latches. It is submitted that the (OA No.3499/2018) claim of the applicant is a stale and dead claim and cannot be granted according to the Regulations and Notifications.
13. It is also not in dispute that the service condition of the applicant is governed by the AICTE Regulations 2010 which was adopted by Respondent No.1 on 29.07.2010. The said regulation as adopted by the Respondent No.1 states that there shall be only three designations in respect of teachers in University and Colleges namely, Assistant Professors, Associate Professors and Professors. In Appendix-I of the Notification, the pre-revised post of Assistant Professor has been showing as equivalent to Lecturer (Senior Scale) and with more than three years in the pre revised scale as on 01.01.2006 this revised designation/post is Associate Professor. It may be mentioned here that the applicant was placed in the Lecturer (Senior Scale) with effect from 10.12.2007 vide Govt. of NCT of Delhi, Department of Training & Technical Education order dated 30.03.2011 (Annexure A/7) and was also given a career advancement vide order dated 02.12.2011. The AICTE Notification of 5th (OA No.3499/2018) March, 2010 at Sr.No.(XII) clearly provides that Lecturers (Selection Grade), completing 3 years of teaching with the AGP of Rs.8000 shall be eligible, subject to other conditions, as may be prescribed by AICTE, to move to the Pay Band of Rs.37,400-67,000 with AGP of Rs.9000. AICTE Notification dated 08.11.2012 provides that Assistant Professor completing three years of teaching in the grade of Rs.8000 (stage 3) shall be eligible, subject to the qualifying conditions and the API based PBAS requirements prescribed by these Regulations, to move to the Pay Band of Rs.37,400-67,000/ with next higher grade Rs.9000 (stage 4) and to be designated as Associate Professor. However, those joining the Service after 5th March 2010 should have also earned Ph.D in addition to above mentioned requirements to move to the stage 4.