Madhya Pradesh High Court
Dr. Harish Kumar Nigam vs The State Of Madhya Pradesh on 12 September, 2024
NEUTRAL CITATION NO. 2024:MPHC-JBP:45898
1 WP-7247-2012
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK JAIN
ON THE 12 th OF SEPTEMBER, 2024
WRIT PETITION No. 7247 of 2012
DR. HARISH KUMAR NIGAM
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Ms. Malti Dadariya - Advocate for the petitioner.
Shri Yash Soni - Dy. Advocate General for the respondents / State.
ORDER
The present petition has been filed in the matter of grant of advance increment for obtaining Ph.D. Degree.
2. The facts in brief for disposal of present petition are that the petitioner was appointed in the post of Assistant Professor in the year 1977 and during service he obtained Ph.D. Degree in 1984. After obtaining the Ph.D degree the petitioner was sanctioned advance increments of Ph.D. degree in the year 1985 and entry was made in the service book vide (Annexure P-2) but is it the specific contention of the petitioner that actual benefits as per (Annexure P-2) were never released to the petitioner and the petitioner never got benefits of two advance increments of Ph.D. Subsequently the petitioner was promoted to the post of Professor in the year 1992 and thereafter in terms of UGC recommendations consequent to Vth Pay Commissioner recommendation, the State Government issued circular (Annexure P-3) dated 11.09.1999 whereby revising the pay scales of Professors and other teachers in Higher Education. As per clause 9(d) of the aforesaid Signature circular Not Verified (Annexure P-4) right of every working teacher to get two Signed by: NAVEEN advance Ph.D increments at least once in service career was recognized in the KUMAR SARATHE Signing time: 14-09-2024 2.36.46 PM NEUTRAL CITATION NO. 2024:MPHC-JBP:45898 2 WP-7247-2012 following manner:-
"9 (द) येक कायरत िश क को अपने सेवाकाल मे पी. एच. ड . उपािध ा करने पर दो अि म वेतनवृ यो क पा ता होगी ।"
3. It is further the case of the petitioner that after VIth Pay Commission recommendations the UGC brought out its own recommendations for revision of pay scales of academic staff in colleges and the State Government issued a consequential circular dated 16.04.2010 placed on record as (Annexure P-6) and as per the aforesaid circular Clause-5 related to advance Ph.D. increments. As per clause-5(A) of the said circular the advance increments were allowed to those teachers who have Ph.D. degree at the time of appointment in service. As per Clause-(B) the P.h.D. increments were allowed to those teachers who have acquired Ph.D. degree during the service and as per Clause-(C) it was provided that no benefit of Ph.D. degree afresh will be granted to those teachers who have already received the benefit prior to 01.01.2006. Aforesaid Clauses read as under:-
(अ) पुनर त वेतनमान म िनयु के समय संबंिधत वषय म डिलट / ड . एस. सी. / पी. एच. ड तथा एम. फल उपािध धारको मश 05 तथा 03 अि म वेतनवृ य क पा ता होगी ।
(ब) सेवारत होते हुए डिलट / ड . एस. सी. / पी. एच. ड तथा एम. फल उपािध ा करने पर मश 03 तथा 01 अि म वेतनवृ क पा ता होगी ।
(स) दनांक 01-01-06 से पूव डिलट / ड . एस. सी. / पी. एच. ड तथा एम. फल उपािध धारको ज हे पूव मे इसका लाभ िमल चुका है पुनर त वेतनमान मे अि म वेतनवृ क पा ता नह होगी ।
4. The case of the petitioner is that the petitioner has never received benefit of two advance increments in his service career though the circular of 11.09.1999 recognized such rights to get such benefit at least once in service career and circular (Annexure P-6) dated 16.04.2010 restricted only those teachers to receive Signature Not Verified such benefits who have previously received the said benefit prior to 01.01.2006. It Signed by: NAVEEN KUMAR SARATHE Signing time: 14-09-2024 2.36.46 PM NEUTRAL CITATION NO. 2024:MPHC-JBP:45898 3 WP-7247-2012 is the case of the petitioner that the petitioner never received the benefit prior to 01.01.2006.
5. In the impugned order (Annexure P-1) the case of the petitioner has been rejected on the ground that the petitioner already stood promoted to the post of Professor in the year 1992 and the requisite qualification for the said post is Ph.D. degree and therefore, once the petitioner was already substantively promoted as Professor in the yar 1992 then after 1992 there was no question of awarding any advance Ph.D. increment.
6. On the aspect of right of petitioner to receive the benefit at least once in service career, the State has specifically contended in the reply that the benefit was already granted to the petitioner in the year 1985 and the State has relied on the entries in the service book placed on record as (Annexure P-2). In para-5 of the reply the State has specifically contended that in pursuance of the rules applicable the petitioner he was given two advance increments on 30.12.1985 with effect from 07.01.1985 when he was still a Assistant Professor.
7. It is the specific stand of the State in reply that the petitioner was only entitled to get advance increment while holding the substantive post of Assistant Professor and therefore, prior to promotion as Professor in the year 1992 he was already given the benefit of two advance increments in the year 1985.
8. Thus the State recognizes the right of the petitioner to receive the benefit of two advance increments at least once in the service career and the State relies on the entries in the service book vide (Annexure P-2) and submits that the petitioner had such a right and he was accordingly granted such benefit in the year 1985 itself. Only on this ground the State has contested the right of petitioner under circulars dated 11.09.1999 and 16.04.2010.
Signature Not Verified Signed by: NAVEENKUMAR SARATHE 9. Looking to the aforesaid stand of the State, the right of the petitioner to Signing time: 14-09-2024 2.36.46 PM NEUTRAL CITATION NO. 2024:MPHC-JBP:45898 4 WP-7247-2012 receive two advance increments of the year 1985 is now no longer in dispute and the right has to be recognized and given effect to. It was the duty of the State itself to have risen to the occasion and to verify whether such benefit was actually given to the petitioner in the year 1985 but in the entire reply there is no whisper to that effect.
10. Resultantly, this petition is allowed. It is directed that petitioner shall be entitled to get two advance increments of Ph.D. degree with effect form 01.01.1985 as per the pleadings made in para-5 of the reply of the State. If the financial benefits of the said advance increments with effect from 07.01.1985 have not been awarded till date, then the State shall calculate the said financial benefit and award the same to the petitioner with arrears of pension and salary from 07.01.1985 till date after making calculation within a period of three months from the date of production of certified copy of this order.
(VIVEK JAIN) JUDGE nks Signature Not Verified Signed by: NAVEEN KUMAR SARATHE Signing time: 14-09-2024 2.36.46 PM