Delhi Govt challenged a CAT order directing grant of AGP Rs.10,000 to six lecturers under the Career Advancement Scheme, relying on the AICTE Notification dated 01.03.2019. The Division Bench held the notification prospective and that pre-2019 eligibility is governed by the 04.01.2016 clarification, and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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versus
DR OM PRAKASH AND ORS. .....Respondents Through: Mr.Kirtiman Singh, Sr. Adv. with Ms.Esha Mazumdar and Mr.Setu Niket, Advs.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE MADHU JAIN
NAVIN CHAWLA, J. (ORAL)
CAV 300/2025
CM APPL. 48003/2025 (Exemption)
W.P.(C) 11725/2025 & CM APPL. 48002/2025
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with the following directions:
“ 7. CONCLUSION :
7.1. In view of the above analysis, we allow the present O.A.s and quash and set aside the office order dated 20.05.2022. Accordingly, we issue a common direction to the respondents in both the O.A.s that they shall grant the benefit of AGP of Rs. 10000 in pay band - 4 to the applicants from their due date in a time bound manner and also in accordance with AICTE Regulations and clarifications in vogue on the date of eligibility. Consequential benefits in accordance with the rules shall also flow to the applicants.”
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issues/anormalies pertaining to Qualification, Pay Scales, Service Conditions, Career Advancement Schemes (CAS) etc. for Teachers and other Academic Staff of Technical Institutions (Degree/Diploma)) 2016 (hereinafter referred to as the ‘Notification dated 04.01.2016’) extended to the Lecturer (Selection Grade), who have Ph.D. qualification. In the Notification dated 04.01.2016, it was further provided that the criteria of API for Grade Pay of Rs.10,000/- may be considered for all eligible candidates, and that the eligible candidates shall be entitled to the same fixed from the date not before the publication of the AICTE Regulations, 2012 in Official Gazette. 6. The AICTE Regulations, 2012 had been notified on 08.11.2012, and had provided for a Screening-cum-Evaluation Committee for CAS promotions of Lecturer/Lecturer (Senior Scale) from one AGP to the other higher AGP. It had further provided that such Screening/Selection process should be completed within six months from the date of application. 7. On basis of the approval of the above Notification dated 04.01.2016 by the Cabinet of Govt. of NCT of Delhi on 16.06.2016, the Govt. of NCT of Delhi issued formal orders for implementing the same. Communication was issued to all Diploma Institutions under its control requesting them to forward the applications of eligible Lecturers for placement under CAS in various AGPs, including AGP of Rs.10,000/- (Stage-5), on 03.08.2016. The Screening-cumEvaluation process, however, hit a stumbling block when in O.A. No.3545/2017 and O.A. No.4128/2017, the process was stayed by the
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learned Tribunal. The stay was eventually vacated with the dismissal of O.A. No.3545/2017, vide an Order dated 20.07.2018 passed by the learned Tribunal. Thereafter, as many as three, including a final, Screening Committee meetings took place till 19.12.2018, however, before the relief could be granted to the respondents, the AICTE issued a Notification dated 01.03.2019, titled the All India Council for Technical Education Regulations on Pay Scales, Service Conditions and Minimum Qualifications for Appointment of Teachers and Other Academic Staff such as Library and Physical Education Personnel in Technical Institutions and Measures for the Maintenance of Standards in Technical Education- (Diploma) Regulation, 2019 (hereinafter referred to as the ‘Notification dated 01.03.2019’) which has resulted in the present dispute. 8. By the Notification dated 01.03.2019, the AICTE provided for the pay scales, service conditions and minimum qualifications for appointment of teachers and other academic staff such as library, physical education and training and placement personnel in technical institutions, and also for measures for maintenance of standards in technical education. It was provided in Clause 1.3 thereof that the revised pay scales shall be effective from 01.01.2016 while other allowances shall be applicable from the date as notified by the Central Government/respective State and UT Government from time to time. 9. In the revised pay scales notified by the AICTE, the learned counsel for the petitioners submits that the AGP of Rs.10,000/- was not there.
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Digitally Signed W.P.(C) 11725/2025 By:REYMON VASHIST Signing Da te:1 4.08.2025 14:59:50
“ Dr. Ramesh Unnikrishnan Advisor (P&AP)
F.No.27/P&AP/PAY/01/2022 23/21 (June)
04.07.2022
To
Sh. Harnamo Ram, Deputy Director (Establishment I Branch), Government of NCT of Delhi, Directorate of Training and Technical Education, Muni Maya Ram Marg, Delhi -110088
Sub.: Clarification regarding grant of CAS Stage 5 (AGP 10,000 pre-revised) to Diploma Level Lecturers. reg.
Sir,
Please refer to your letter no. F.1/1077/2017/TE/AD/1370/2476 dated 06.05.2022 on the subject noted above.
In this connection, you are informed that there is no provision for CAS promotion under 7th CPC and therefore the question of Lecturers becoming eligible for the same does not arise and no CAS promotion can be granted after 1st March 2019, the date on which 7th CPC Gazette Notification has come into effect. Similarly, the Lecturers who have
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already opted to draw their pay and allowances as per 7th CPC cannot be granted CAS promotion in AGP of Rs.10000/- under 6th CPC. As regards the promotional avenue for Lecturers having Ph.D. after getting AGP of Rs.9000, no clarification in this regard is required to be given by the Council, since the 7th CPC Gazette Notification dated 1st March 2019 is self-examined and self-explanatory.
This issues with the approval of Competent Authority.”
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15. Clause 1.4 explains the transition period as under:
“1.4 Effective date of application of Service Conditions
a) All other service conditions including Qualifications, Experience, Recruitment, Promotions etc. shall come into force with effect from the date of this Gazette Notification.
b) The Qualifications, Experience, Recruitment and Promotions etc. during 01-01-2016 till the issue of this Gazette Notification shall be governed by All India Council for Technical Education Pay Scales, Service Conditions and Qualifications for the Teachers and other Academic Staff in Technical Institutions (Diploma) Regulation, 2010 dated 5th March 2010 and subsequent notifications issued from time to time.
c) Those who are eligible for promotions after the date of publication of this gazette, shall have to meet the necessary conditions such as additional qualification, undergoing industrial training, pedagogical training, faculty induction program, publishing research papers etc. However, these requirements shall be permitted to be fulfilled till 31st July, 2022 so as to enable faculty members in equipping them for requisite mandatory requirements of this gazette to avail the benefit of promotion retrospectively from the date of eligibility.
d) It may be noted that no further extension would be given beyond 31st July, 2022 and those who do not meet the essential criteria despite the above grace period, shall lose an opportunity for getting promotion retrospectively. However, they will be eligible for promotion from the date they meet these criteria thereafter.
e) In cases, wherein interviews are already conducted either for direct recruitment or for promotions but candidates did not join, such candidates may be allowed to join. Their further upgradation will be governed by this notification.
f) In cases, where advertisement was published,
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applications invited but interviews have not been conducted till publication of this notification, the institutes / employers are required to publish corrigendum and processing of applications must be done in accordance with the provisions given in this notification.”
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Digitally Signed W.P.(C) 11725/2025 By:REYMON VASHIST Signing Da te:1 4.08.2025 14:59:50
NAVIN CHAWLA, J
MADHU JAIN, J
AUGUST 11, 2025 /ns/ik
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2 issues framed by the court
Whether lecturers eligible for AGP Rs.10,000 before 01.03.2019 remain entitled to it under the AICTE Notification dated 01.03.2019.
Whether the Tribunal's direction granting AGP Rs.10,000 with consequential benefits was sustainable.
4 provisions across 3 enactments
Govt of NCT of Delhi and Ors.
Dr Om Prakash and Ors.
Navin Chawla
Madhu Jain
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
