Allowed

Dr. Mukesh Chand Sharma v. State of Rajasthan

Rajasthan HC4 Oct 2023CW/4561/2023

Case brief

AI extract

What is this about?

This brief order disposes of a writ petition seeking career advancement benefits under the CAS scheme. The Single Judge relied on a previous Division Bench ruling to grant the petitioners the same benefits. The Court directed authorities to extend benefits within eight weeks.

What did the court decide?

Extension of career advancement benefits, arrears, and financial/consequential benefits under the CAS scheme within 8 weeks.

Dr. Mukesh Chand Sharma Vs State of… — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023:RJ-JD:32746]

[CW-4561/2023]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 4561/2023

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Dr. Mukesh Chand Sharma S/o Shri Brijlal Sharma, Aged About 56 Years, Resident Of 6-E-13, Vip Colony Sector-9, Udaipur, At Present Assistant Professor, Department Of Livestock Production And Management, College Of Veterinary And Animal Sciences, Navania, Vallabhnagar, Udaipur.

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Dr. Abhishek Gaurav S/o Shri Akhilesh Kumar, Aged About 38 Years, Resident Of 1, Ganapati Nagar-A, Bora Ganesh Ji Road, Udaipur. At Present Assistant Professor, Department Of Veterinary Public Health And Epidemiology, College Of Veterinary And Animal Sciences, Navania, Vallabhnagar, Udaipur.

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Dr. Kamal Purohit S/o Shri Ramesh Chandra Purohit, Aged About 46 Years, Resident Of 5, New Ganpati Nagar-A, Bora Ganesh Ji Road, Udaipur. At Present Assistant Professor, Department Of Veterinary Pathology, , College Of Veterinary And Animal Sciences, Navania, Vallabhnagar, Udaipur.

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Dr. Mittha Lal Gurjar S/o Shri Udailal Ji Gurjar, Aged About 51 Years, Resident Of 16, 1St Lane, Chandra Colony, Old Rto, Pratapnagar, Udaipur. At Present Assistant Professor, Department Of Livestock Production And Management, College Of Veterinary And Animal Sciences, Navania, Vallabhnagar, Udaipur.

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----Petitioners

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Versus

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State Of Rajasthan, Through Its Secretary, Department Of Animal Husbandry, Government Of Rajasthan, Secretariat, Jaipur.

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The Deputy Secretary, Department Of Animal Husbandry, Government Of Rajasthan, Secretariat, Jaipur.

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The Rajasthan University Of Veterinary And Animal Sciences, Bikaner, Through Its Registrar.

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----Respondents

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For Petitioner(s) : Mr. G.R. Punia, Sr. Advocate assisted by Mr. Rajendra Prasad. For Respondent(s) : Mr. A.K. Gaur, AAG.

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

04/10/2023

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[2023:RJ-JD:32746]

[CW-4561/2023]

The present writ petition has been filed for the following reliefs:

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“ (i) To quash and set aside orders dated 27.02.2021 (Annex.9) qua petitioners and to pass fresh orders by granting the personal promotion benefit of State 1 (AGP Rs.6000) to Stage 2 (AGP Rs.7000/-) under Career Advancement Scheme (CAS) from the date of completion of 4 years as Assistant Professor i.e. date of joining as Assistant Professor in place of date of completion of orientation program;

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(ii) to grant arrears amount and all other financial and other consequential benefits of service after calculating and granting due revised pay scales and annual increment under State II (AGP Rs.7000/-) from the date of completion of 4 years as Assistant Professor along with interest @ 12% p.a. from the date it accrued.”

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Learned Senior counsel for the petitioners submits the present controversy has been decided by Division Bench of this Court in D.B. Civil Special Appeal (Writ) No.454/2017 (Maharana Pratap University of Agriculture & Technology, Udaipur V/s Dr. Khemchand Nagar & Ors.) decided on 04.09.2017 in the following terms:-

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“3. Issue relates to placement of Assistant Professor in the higher pay-scale under a Career Advancement Scheme. Under the Career Advancement Scheme notified by the UGC, known as CAS2010, those holding a doctorate degree were eligible for promotion under the CAS if they had completed a mandatory Orientation/ Refresher Course & Service as an Assistant Professor and had served for four years.

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The writ petitioners in S.B. Civil (Writ) Petition No.3532/2012 were staking a claim under CAS 2000, which was operational uptill 31th December 2008. Thereafter a new scheme was notified for Career Advancement. Both Schemes mandated Orientation/ Refresher Course to be taken; the difference was that in the previous scheme there was a provision for exemption and in the latter there is no provision for exemption.

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To this extent the law declared in S.B. Civil(Writ) Petition No.3532/2012 is strictly not applicable to the respondent herein, who completed four years service as Assistant Professor in the year 2009 but cleared the Orientation/Refresher Course in the year 2011.

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[2023:RJ-JD:32746]

[CW-4561/2023]

As per the appellant University the respondent would be entitled to the higher scale under CAS w.e.f. the year 2011 and not the year 2009 when they completed four year service as Assistant Professor.

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In the writ petition there is a positive averment made by the respondent that from the year 2005 till the year 2011 the appellant university did not conduct any Orientation/ Refresher Course.

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It is settled law that if an employer has to fulfill a condition put by the employee the employer would be fastened with the liability to make available the facility for the employee to fulfill that condition.

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Under the circumstances the respondents would be justified on claiming benefits of the higher scale on being found suitable w.e.f. the year 2009 notwithstanding they acquiring the Orientation/Refresher Course certification in the year 2011 for the reason from 2005 to 2011 the appellant did not conduct any Orientation/Refresher Course.

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The conclusion arrived by the learned Single Judge is upheld. The appeal is dismissed.”

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Learned counsel for the respondents is not in a position to controvert the submissions made by learned Senior Counsel appearing for the petitioners.

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In view of the submissions made at the bar, the present writ petition is disposed of in terms of the order passed by the Division Bench of this Court in the case of Maharana Pratap University of Agriculture & Technology, Udaipur (supra) decided on 04.09.2017.

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Needless to say that the petitioners will be entitled to the same benefits which have been extended by the Division Bench of this Court. The benefits shall be extended to the petitioners within a period of 08 weeks from the date of receipt of certified copy of this order.

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(VINIT KUMAR MATHUR),J

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289-AnilSingh/-

Dr. Mukesh Chand Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dr. Mukesh Chand Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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