Dr Kanti Kumar Bora & Ors vs State Of Raj.

& Ors on 14 February, 2011

Rajasthan High Court - Jodhpur Rajasthan High Court - Jodhpur Dr Kanti Kumar Bora & Ors vs State Of Raj. & Ors on 14 February, 2011 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :ORDER: Dr. Kanti Kumar Bora & Others Vs. State of Rajasthan & Others (S.B. Civil Writ Petition No.3107/2009) Date of Order February 14th, 2011 PRESENT HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Reportable Mr. M.S. Singhvi, Sr. Advocate with Mr. Hemant Dutt for the petitioner. Mr. D.S. Rajvi/Mr. Girish Joshi for the respondents. Mr. Sudhir Tak, Dy. Govt. Counsel. BY THE COURT : Instant joint writ petition has been filed by the petitioners for following reliefs : "(i) by an appropriate writ, order or direction, the State Government may be directed to accord necessary approval to the Rajasthan Agriculture University, Bikaner in releasing two increments to the petitioners on acquiring Ph.D. Degree under the Career Advancement Scheme notified on 27.7.1998 with all consequential benefits; (ii) by an appropriate writ, order or direction, the communications dated 25.5.2002 (Annex.8) & 24.7.202 (Annex.10), notification dated 6.5.2002 (Annex.6), order dated 9.5.2002 (Annex.7), communication 2 dated 15.5.2002 (Annex.5) and communication dated 18.8.2002 (Annex.9) be declared illegal and be quashed with all consequential benefits to the petitioners; (iii) by an appropriate writ, order or direction, the respondents may be directed to grant arrears as a result of grant of two increments with interest at the rate of 12% per annum from the date of judgment of this Hon'ble Court dated 23.11.2006; (iv) Any other appropriate order or direction, which this Hon'ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioners."
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Dr Kanti Kumar Bora & Ors vs State Of Raj. & Ors on 14 February, 2011

For the grant of above prayers, it is pleaded by the petitioners that all the petitioners were initially appointed as Research Assistant/Assistant Professors in the Udaipur University which was subsequently re-named as Mohan Lal Sukhadia University, Udaipur. The University was bifurcated with the formation of Rajasthan Agriculture University, Bikaner by an Act known as Rajasthan Agriculture University Bikaner Act, 1987. Rajasthan Agriculture University, Bikaner was further bifurcated into two Universities leading to creation of Agricultural University, Udaipur which was subsequently re-named as Maharana Pratap University of Agriculture & technology, Udaipur with effect from 01.11.1999. The services of the 3 petitioners came to be transferred to Rajasthan Agriculture University, Bikaner. Contention of the petitioners in the writ petition is that the pay-scale of teachers employed in the universities of Rajasthan are governed by the recommendations made by the University Grants Commission. The recommendations made by the UGC for revision of the pay-scales of the teachers which included a provision for grant of two advance grade-increments for teachers who acquired the Ph.D. degree was accepted by the Government of India vide Annex.-1 dated 27.07.1998. The State Government also agreed to revise the pay-scales of the teachers with effect from 01.901.1996 and, in pursuance of that, the pay-scales of the petitioners were revised as per recommendation of the UGC. The State Government issued a letter on 11.06.2001 for granting two advance increments to the teachers who acquired Ph.D. on the condition that teachers have not availed advance increments earlier. In pursuance of letter dated 11.06.2001, Controller of the Rajasthan Agriculture University, Biknaer issued directions to all the Deans and Directors to allow the said benefit to Ph.D./M. Phil. holders. After issuance of said letter, three communications were issued by the Stated 4 Government on 15.05.2002, 06.05.2002 and 09.05.2002, whereby, State Government with reference to notification dated 06.05.2002 withdrew the benefit of two advance increments allowed earlier by the State Government. The Financial Controller of the Rajasthan Agriculture University, Bikaner issued a communication on 25.05.2002 for stopping the grant of two advance increments. On 24.07.2002, the Deputy Secretary, University Grants Commission issued a communication to the Secretary, Primary & Secondary Education, Government of Rajasthan clarifying that advance increments would not be available to those teachers who were recruited with Ph.D. as essential qualification. As per the petitioners, at the time the petitioners were recruited Ph.D. was not essential qualification. For the proof thereof the petitioners have annexed three advertisements Annex.-11, Annex.-12 and Annex.-13 to show that Ph.D. was not essential qualification at the time of of their recruitment. As per the petitioners the Ministry of Agriculture, Government of India, vide communication dated 5 14.11.2005, clarified that the advance increments were admissible to the holders of Ph.D. irrespective of the fact that they have obtained Ph.d. prior to 01.01.1996. Further, similar clarification was issued by the Indian Council of Agricultural Research, New Delhi. Contention of the petitioners in this writ petition is that on 25.02.2006, the Board of Management of Rajasthan Agriculture University, Bikaner, upon consideration of communication dated 14.05.2005, resolved to grant benefit of two advance increments on acquiring Ph.D. degree during service period and on the basis of resolution passed by the Rajasthan Agriculture University, the Registrar of the University sent letter seeking approval of the Government for releasing the advance increments to the teachers on acquiring the Ph.D. degree but, as per the petitioners, till today, though enough time has elapsed the Government has not taken any decision in the matter; but, a petition was filed by the Ph.D. holders of Maharana Pratap University of Agriculture and Technology, Udaipur for grant of said increments and 6 same was registered as S.B. Civil Writ Petition No.1184/2005. Said writ petition was fied by the existing teachers or retired teachers of the Manarana Pratap University of Agriculture & Technology and, prayed before this Court that they acquired Ph.D. degre before 01.01.1996 while in service of the University and vide
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Dr Kanti Kumar Bora & Ors vs State Of Raj. & Ors on 14 February, 2011

communication dated 11.06.2001 a letter was issued by the State Government providing for grant of two advance increments in his/her career on the condition that such teachers have not availed the advance increments earlier. Learned counsel for the petitioners submits that the aforesaid writ petition filed by those petitioners of Maharana Pratap University of Agriculture & Technology came to be allowed by the co-ordinate Bench of this Court vide judgment dated 23.11.2006 and it is held by the co-ordinate Bench of this Court that the petitioners are declared entitled to receive two advance increments on acquiring Ph.D. degree as sanctioned by the Government under Order dated 11.06.2001. Further, it is pointed out by learned counsel for the petitioners that special appeal was 7 preferred by the University being D.B. Civil Special Appeal (Writ) No.231/2007 and that, too, was dismissed vide judgment dated 19.04.2007 and, in pursuance of that, Ph.D. holders who acquired the Ph.D. qualification during their service career in the said University have got two advance increments. Learned counsel for the petitioners submits that initially all the employees of Maharana Pratap University of Agriculture & Technology, Udaipur, employees of Rajasthan Agriculture University, Bikaner and employees of Udaipur University were all employees of one and same University known as University of Udaipur. The judgment rendered by the learned Single Judge of this Court on 23.11.2006 and affirmed by the Division Bench of this Court in Special Appeal No.231/2007, decided on 19.04.2007, fully covers the claim of the present petitioners because this writ petition is based on identical grounds, therefore, while following the said judgment, this writ petition may be allowed. Per contra, learned counsel appearing for the respondent University although does not dispute that 8 initially there was one University and, later on, some bifurcations were made and 2-3 Universities were created under the Act by the State Legislature; but, now, at present all the Universities are having their different identity, therefore, the judgment rendered in S.B. Civil Writ Petition No.1184/2005, Dr. B.B.L. Thokare & others Vs. State of Rajasthan & Others is not applicable in this case because the State Government is required to grant financial sanction for the same. Learned counsel for the University is also not disputing the fact that a resolution was passed by the Board of Management of the University and, in pursuance of that, matter was communicated to the State Government but still no sanction has been received by the University for grant of such two advance increments as claimed by the petitioners, therefore, this writ petition deserves to be dismissed. After hearing learned counsel for the parties and perusing the judgment rendered by this Court, I am of the opinion that the judgment rendered by the co- ordinate Bench of this Court, affirmed by the Division 9 Bench, squarely covers the controversy involved in this case because all the orders impugned in this writ petition have already been quashed by the co-ordinate Bench of this Court in S.B. Civil Writ Petition No.1184/2005, decided on 23.11.2005 as follows : "Accordingly, these petitions for writ deserve acceptance and the same, therefore, are allowed. It is declared that the communications dated 24.7.2002, 6.5.2002, 9.5.2002 and 15.5.2002 are having no application qua the petitioners. The petitioners are declared entitled to receive two advance increments on acquiring the degree of Ph.D. during their service tenure as sanctioned by the Governor under the order dated 11.6.2001. If the respondents have withdrawn the advance increments given to the petitioners on acquiring the degree of Ph.D., then the same shall be restored and all arrears for non grant of such advance increments be paid to the petitioners. If any recovery has been made from pay/pension of the opetitioners as a consequence to withdrawal of advance increments then the same shall also be refunded to the petitioners with interest @ 6.5% per annum."
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Dr Kanti Kumar Bora & Ors vs State Of Raj. & Ors on 14 February, 2011

The above judgment was further upheld in D.b. Civil Special Appeal No.231/2007. The Division Bench of this Court while dismissing the appeal made the following observation : 10 "We are of the opinion that the university being an autonomous institution and the advance increments having been paid validly under sanction issued by the State Government, but subsequently the State Government decided to withdraw the sanction, cannot affect the advance increments which were already granted under the order and had b ecomne the vested right of its recipient. We do not find any reason to interfere in the order passed by the learned Single Judge, the appeals are dismissed." In this view of the matter, I am of the opinion that case of the petitioners cannot be distinguished on any of the grounds because respondent Rajasthan Agriculture University, Bikaner and Maharana Pratap University of Agriculture & Technology, Udaipur both are born of the same Udaipur University and order dated 11.06.2001 was issued by the State Government whereby the State Government issued sanction for grant of two advance increments to teachers of both the Universities which is evident from Annex.-3, therefore, no different view can be taken in this case. On 11.06.2001, following sanction was issued by the Government of Rajasthan: "GOVERNMENT OF RAJASTHAN 11 Agriculture (Gr.2) Department No.F.2(5)Agri.2/99 Dated: June 11, 2001 1. The Vice-Chancellor Rajasthan Agricultural university Bikaner 2. The Vice-Chancellor MP University of Agriculture & Technology Udaipur. Sub: Revision of pay scales of teaching staff of Agricultural Universities in the State -Incentives for Ph.D./M.Phil. Dear Sirs, In continuation of this department sanction of even Number dated 18.5.1999, i am directed to convey the sanction of the Governor for allowing incentives for the Ph.D./M.Phil. to the teachers of the universities w.e.f. 1.1.1996, as under :- a) Four and two advance increments will be admissible to those who hold Ph.D. and M.Phil degree respectively at the time of recruitment as Lecturers b) One increment will be admissible to those teachers with M.Phil, who acquire Ph.D. within two years of recruitment. c) A Lecturer with Ph.D. will be eligible for two advance increments when he/she moves into selection scale.
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Dr Kanti Kumar Bora & Ors vs State Of Raj. & Ors on 14 February, 2011

d) A teacher will be eligible for two advance increments as and when he/she acquires a Ph.D. degree in his/her service career provided that he/she has not availed the advance increment admissible for possessing M.Phil. Degree at the 12 time of recruitment. This issues with the concurrence of Finance Department vide their I.D. No.1400/FD/Rules/2001 dated 26.5.2001. By Orders Sd/(R.B. Parmar) Dy. Secretary" In the above order, names of both Rajasthan Agriculture University, Bikaner and Maharana Pratap University of Agriculture & Technology are mentioned and co-ordinate Bench of this Court has passed order on the basis of said order dated 11.06.2001. In this view of the matter, while following the aforesaid judgment, this writ petition is allowed and the petitioners are hereby declared entitled to receive two advance increments on acquiring degree of Ph.D. during their service tenure as sanctioned by the Government vide order dated 11.06.2001. Further, it is directed that the fixation shall be made and arrears of benefit shall be paid within two months from the date of receiving certified copy of this order. (GOPAL KRISHAN VYAS), J. 13 Ojha, a.

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