Allowed

Dr. Virpal Singh S/O Sh. Hari Singh v. State of Rajasthan

Rajasthan HC13 Dec 2023CW/17114/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan disposed of a writ petition seeking correction of the petitioner's pay and grade pay. The court decided to apply the precedent set in Dr. Alok Vyas (2021), directing the respondents to treat the petitioner equivalently to those holding M.Tech qualifications for grade pay purposes pending the outcome of a co-pending appeal.

What did the court decide?

Petition disposed on same terms as Dr. Alok Vyas case; order dated 24.10.2011 modified to grant Grade Pay Rs. 6000/- subject to pending appeal outcome.

Dr. Virpal Singh S/O Sh. Hari Singh Vs… — Pension and Retirement Benefits | Rajasthan HC (2023)

¶1

[2023:RJ-JP:39488]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Civil Writ Petition No. 17114/2022

¶4

Dr. Virpal Singh S/o Sh. Hari Singh, Permanent Resident Of Near Jain P.g. College, Nokha Road, Gangashahar, Bikaner, Rajasthan - 334401 And Presently Residing At D-175, Moti Marg, Bapu Nagar, Jaipur - 302015.

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan, Through Secretary Department Of Technical Education Government Of Rajasthan, Secretariat, Jaipur.

¶8

Director, Directorate Of Technical Education, W-6, Gaurav Path (Residency Road) Jodhpur-342032

¶9

All India Council For Technical Education, Through Its Secretary, 7Th Floor, Chanderlok Building, Janpath, New Delhi.

¶10

The Principal, Government Polytechnic College, Sadul Ganj Road, Sardar Patel Colony, Bikaner, Rajasthan - 334003.

¶11

The Principal, Government Ramchandra Khaitan Polytechnic College, Near Rto Office, Jhalana Gram, Institutional Area, Jaipur, Rajasthan - 302004.

¶12

----Respondents

¶13

For Petitioner(s) : Mr. Jaideep Malik For Respondent(s) : Mr. C.L. Saini, AAG

¶14

HON'BLE MR. JUSTICE GANESH RAM MEENA

Judgment / Order

13/12/2023

(2 of 8)

[2023:RJ-JP:39488]

[CW-17114/2022]

The present writ petition has been filed by the petitioner with the following prayers:-

¶21

“a) to direct the respondents to treat the petitioner equivalent to the persons (Lecturer) holding M.Tech qualification in appropriate branch/discipline for the purpose of fixing the pay structure as per the Notification dated 05.03.2010 and not to discriminate between the two qua the academic grade pay b) Respondents be directed to grant academic grade pay as per Notification dated 05.03.2010 of Rs.6000/- to the petitioner from the date of his appointment which is being paid to the Lecturer of Engineering Branch holding Master’s degree after completion of the probation period and further benefit of AGP of Rs.7000/-, 8000 & 9000 may also be granted to the petitioner as mentioned in the Notification dated 05.03.2010.

¶22

c) To direct the respondents not to treat the petitioner equivalent to the persons (Lecturer) holding the degree of B.E./B.Tech in appropriate branch/discipline. d) Officer order dated 24.10.2011 be directed to be modified accordingly wherein the petitioner be granted the Grade pay of Rs.6000/-.”

¶23

Counsel for the petitioner submits that the issue involved in the present writ petition has been put to rest by the Co-ordinate Bench of this Court in case of Dr. Alok Vyas Vs. State of Rajasthan and Ors. in S.B. Civil Writ Petition No.15671/2013, decided on 11.02.2021. Counsel further submits that the present writ petition may also be disposed of on same terms, condition and directions issued in case of Dr. Alok Vyas (supra) .

¶24

Mr. C.L. Saini, AAG appearing for the respondents does not dispute the fact that the present petition is squarely covered by

[2023:RJ-JP:39488]

[CW-17114/2022]

(3 of 8)

the judgment passed in case of Dr. Alok Vyas (supra) . He further submits that against the judgment dated 11.02.2021; Dr. Alok Vyas (supra), the respondent-State has already filed D.B. Special Appeal (Writ) No.691/2021, which was admitted for hearing on 06.05.2022 and same is still pending for final outcome. He also submits that the present petition may also be disposed of on same terms, condition and directions issued in case of Dr. Alok Vyas (supra) with the observations that the present case shall be covered by the final outcome of the D.B. Special Appeal (Writ) No.691/2021.

¶29

Counsel for the petitioner agrees to the fact that in case the present petition is disposed of on same terms, condition and directions issued in case of Dr. Alok Vyas (supra) , the petitioner would have no objection for applying the outcome of the D.B. Special Appeal (Writ) No.691/2021 in the present case also.

¶30

Considered the submissions made by counsel appearing for the respective parties.

¶31

The Co-ordinate Bench of this Court in case of Dr. Alok Vyas (supra) has observed as under:-

¶32

“9. I have considered the submissions.

¶33

A look at Notification dated 05.03.2010 shows

¶34

that the AICTE has laid down Revised Pay Scales, Service conditions and Career Advancement Scheme for Teachers and Equivalent positions which reads as under:-

¶35

“The pay structure for different categories of teachers and equivalent positions shall be as indicated below:(a) Lecturer in Polytechnics

¶36

(i) Persons with B.E./B.Tech qualification inappropriate branch/discipline either entering the teaching profession newly or Lecturers already in service in

(4 of 8)

[2023:RJ-JP:39488]

[CW-17114/2022]

Polytechnic Institutions shall be designated as Lecturer and shall be placed in the Pay Band of Rs.1560039100with AGP OF Rs.5400 and will move to AGP of Rs.6000 on completion of Masters in qualification in appropriate branch/discipline.

¶41

(ii) Persons with M.Tech qualification inappropriate branch/discipline either entering the teaching profession newly or Lecturers already in service in Polytechnic Institutions shall be designated as Lecturer and shall be placed in the Pay branch of Rs.1560039100with AGP of Rs.6000.

¶42

(iii) A Lecturer with completed service of 4 years, possessing Ph.D Degree in the relevant branch/discipline shall be eligible, for moving up to AGP of Rs.7000 (iv) A lecturer possessing Masters degree in the relevant branch/discipline as defined for technical education shall be eligible for the AGP of Rs.7000 after completion of 5 years service as Lecturer (v) Lecturers who do not have Ph.D or a Master’s degree in the relevant branch/discipline of a program shall be eligible for the AGP of Rs.6000 only after completion of 6 years service as Lecturer.

¶43

(vi) Lecturers who do not have Ph.D or a Master’s degree in the relevant branch/discipline of a program shall be eligible for the AGP of Rs.7000 only after completion of 9 years’ service as Lecturer.

¶44

(vii) The upward movement from AGP of Rs.5000 to AGP of Rs.6000 and from AGP of Rs. 6000 to Rs.7000 for all Lecturers shal be subject to their satisfying other conditions as laid down by AICTE.

¶45

(viii) The pay of the incumbents to the posts of Lecturer (senior scale) (i.e. the pre-revised scale of Rs.10,000-15200) shall be fixed at the appropriate stage in Pay Band of Rs.15600-39100 based on their present pay, with AGP of Rs.7000. (ix) Lecturers with completed service of 5years with the AGP of Rs.7000 shall be eligible, subject to other requirements laid down by the AICTE to move up to the AGP of Rs.8000

(5 of 8)

[2023:RJ-JP:39488]

[CW-17114/2022]

(x) Incumbent Lecturers (Selection Grade)who have completed 3 years in the pre-revised pay scale of Rs.1200018300 on1.1.2006 shall be placed

¶50

(xi)Incumbent Lectures (Selection Grade)who have completed 3 years in the pre-revised pay scale of Rs. 1200018300 on1.1.2006 shall be placed at the appropriate stage in the Pay band of Rs. 15600-39100 With AGP of Rs. 8000 till they complete 3years of service in the grade of Lecturer(Selection Grade) and thereafter shall be placed in the higher pay Band of Rs. 37400-67000 and accordingly designated as Lecturers (Selection Grade) (xii)Lecturers (Selection Grade), completing3 years of teaching with the AGP of Rs. 8000shall be eligible, subject to other conditions, as may be prescribed by AICTE to move to the Pay Band of Rs. 37400-67000 with AGP of Rs. 9000

¶51

(xiii)Posts of HOD shall be in the Pay Band of Rs. 37400-67000, with AGP of Rs 9000.Directly recruited HOD shall be placed in the Pay Band of Rs. 3740067000 with an AGP of Rs. 9000, at the appropriate stage in the Pay Band in terms of the conditions of appointment. (xiv)Head of Department (HOD) completing3 years of service in the AGP of Rs. 9000 and possessing a PH.d, degree in the relevant discipline shall be eligible, subject to other conditions of academic performance as laid down by the AICTE, shall be place in Rs.3740067000 with AGP of Rs. 10000.

¶52

(xv)For initial direct recruitment at the level of Lecturers, HOD and Principal, the eligibility conditions in respect of academic and research requirements shall be as may be or have been prescribed by the AICTE, through Regulations.

¶53

(xvi)All advancements to higher grade payin various cadres will be effected subject to completion of two AICTE approved refresher programs of not less than two weeks duration each and two one week each TEQIP sponsored programs.”

(6 of 8)

[2023:RJ-JP:39488]

[CW-17114/2022]

It is apparent that while the person who is having B.E./B.Tech qualification would acquire Masters Qualification will move to AGP of Rs.6000/from Rs.5400/-. There is no mentioning

¶58

relating to Lecturers in Science and Humanities in a(i) however, on reading Clauses iii & iv (supra), it is apparent that a Lecturer in any faculty who possesses Ph.D Degree shall be eligible for moving to AGP 7000/- or who has completed five years as Lecturer would also be eligible for AGP of Rs.7000/-. Thus, here there is no distinction between Lecturer (Science & Humanities) and Lecturer (Engineering) who have done Ph.D or who have completed five years.

¶59

Thus, while Clauses (i) & (ii) only cater to the B.Tech, M.Tech qualifications, subsequent Clauses (iii) & (iv) do cater to all the Lecturers. Similarly Clause (v) also mentions of grant of AGP of Rs. 6000/- to those who do not possess Ph.D or Masters Degree on completion of six years as Lecturer. A natural corollary upon reading the aforesaid shows that a candidate who possesses Masters Degree would be entitled to AGP of Rs.6000/- be it from engineering in Science and Humanities.

¶60

Thus, the Scheme of AICTE clearly depicts that those Lecturers who possess Post Graduation qualification would be placed in the AGP of Rs.6000/- and while those who did not possess Masters Degree would be placed in AGP of Rs. 5400/-.Moreover those Lecturers who completed four years of service and possess Ph.D Degree would be further allowed to move to AGP of Rs.7000/-. The contention of respondents that the AICTE regulations would only relate to Lecturers in

(7 of 8)

[2023:RJ-JP:39488]

[CW-17114/2022]

Engineering alone is found to be thus, misconceived.

¶65

The AICTE Regulations would govern all the Lecturers who are working in Technical Institutions (Diploma) as the notification title is Rajasthan Civil Services (Revised Pay Scales for Government Polytechnic College Teachers, Librarians and Physical Training Institutions) Rules, 2010.Since the State has complied with the said AICTE Regulations to come into force w.e.f. 01.09.2006, the petitioner would be entitled to the said benefit as he was appointed in 2009. Accordingly, this Court finds that the action of the respondents in placing the petitioner in grade pay of Rs.5400/instead of grade pay of Rs. 6000/- is unjustified and goes contrary to the scheme of the Notification (supra). Accordingly, the order dated 08.09.2011 is set aside with directions to the State to modify the grade pay of the petitioner to Rs.6000/- and further as it is informed that the petitioner has completed his Ph.D, he would be also entitled for grant of higher grade pay of Rs.7000/- on completion of four years of service as provided under the Notification dated 05.03.2010. Appropriate compliance of this order in this regard shall be made within a period of two months henceforth and arrears shall be accordingly released.

¶66

The writ petition is accordingly allowed. If there is a delay in releasing the amount, the interest @6% per annum shall also be released which shall be recoverable from the concerned Officer who has delayed in compliance of the order.”

(8 of 8)

[2023:RJ-JP:39488]

[CW-17114/2022]

In view of the above, this Court deems it just and proper to dispose off the present writ petition on same terms, condition and directions passed by the Co-ordinate Bench of this Court in case of Dr. Alok Vyas (supra) with further observations that the final outcome of the D.B. Special Appeal (Writ) No.691/2021 shall be applicable to this case also.

¶71

Since the main petition has been disposed, all pending application/s, if any, also stand disposed.

¶72

(GANESH RAM MEENA),J

¶73

ARTI SHARMA /243

Dr. Virpal Singh S/O Sh. Hari Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dr. Virpal Singh S/O Sh. Hari Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Udai Bhan Yadav S/O Shri Basant Lal Yadav Vs State of Rajasthan

Om Prakash Vs State of Raj and Ors.

Sunita Choudhary Vs State

Shri Guru Nanakdev Vs Smt Maninder Kaur and Ors.

Syed Juned Ahmed Naqvi Vs State Medical and Health Depors

Suman Kumari D/O Chhitter Mal Vs State of Rajasthan through Principal Education Secretary