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Judgment
L. Narasimha Reddy, J
The applicant was appointed as Lecturer (Computer Engineering) on 03.03.1997 by the Government of Haryana, on being selected by the Haryana Public Service Commission (HPSC), and was posted in the Government Polytechnic for Women, Sirsa. The 1st respondent initiated steps for filling up the post of Lecturer (Computer Engineering). The applicant also responded and he was selected by the UPSC on 29.08.2000. His probation was declared on 21.09.2001.
The All India Council for Technical Education (AICTE), the 3rd respondent, issued notification dated 30.12.1999, framing the guidelines for revision of pay scales and other benefits for Teachers of Technical Institutions at diploma level. One such benefit is the Career Advancement Scheme (CAS). Lecturers with six years of service are made entitled for placement as Lecturer (Senior Scale), and Senior Lecturer/Lecturer (Senior Scale), having a Master's degree and five years' experience in the post were made eligible to be conferred the Selection Grade. The applicant was conferred the benefit, by counting his service in the Delhi Administration. He made a representation stating that the service rendered by him in the Government of Haryana is also required to be counted. When that was not acceded to, the applicant filed OA No.1612/2014. The OA was disposed of on 09.05.2014 requiring the Directorate of Technical Education, the 2nd respondent herein, to pass reasoned order thereon.
The 1st respondent constituted a Committee for this purpose, and on the basis of the recommendations made by it, an order dated 23.04.2015 was passed. It was mentioned that under the AICTE guidelines dated 20.09.1989, a Lecturer shall be entitled to count his past service if only he fulfils the qualification stipulated by the AICTE at the time of his earlier appointment. According to the 2nd respondent, the AICTE guidelines were in force when the applicant was appointed in the State of Haryana, and according to those guidelines, a candidate must have cleared the GATE examination, and since the applicant did not clear that, he is not entitled to count his past service. This OA is filed challenging the order dated 23.04.2015. Prayer is also made for a direction to the respondents to count the service of the applicant, rendered in the State of Haryana.
The applicant contends that the view taken by the 2nd respondent is totally incorrect. He submits that he was selected by the HPSC, which has scrupulously followed the norms stipulated by the AICTE, and that at no point of time, it was mentioned that the applicant does not fulfil the qualifications. It is stated that the 1999 guidelines came into force w.e.f. 01.01.1996, and by that date, there was no stipulation as to holding of GATE. It is further submitted that the Delhi Administration itself issued a notification dated 04.04.1996 stipulating the qualifications for appointment of Lecturers in Computer Engineering, and according to that, GATE is only a desirable, and not essential, qualification. Reliance is also placed upon the order dated 26.08.2016 passed by this Tribunal in OA No.1614/2014.
On behalf of the respondents 1, 2 and 4, on the one hand, and respondent No.3, on the other, separate counter affidavits are filed. Respondents 1, 2 and 4 stated that when the applicant was appointed as Lecturer (Computer Engineering) by the State of Haryana, there was no requirement as to holding of GATE, and since the applicant did not possess that, he is not entitled to count his past service for the purpose of CAS. It is stated that the mere fact that the GATE qualification was dispensed with at a later point of time, does not provide a justification for ignoring it in the context of counting the past service.
The counter affidavit filed by the 3rd respondent is rather descriptive, and refers to various steps that led to the framing of the guidelines issued through notification dated 30.12.1999. However, they are not clear as to whether GATE was essential qualification when the applicant was appointed in the year 1997 by the Haryana Government.
The applicant filed rejoinders to both the counter affidavits.
We heard Shri Yogesh Sharma, learned counsel for the applicant, and Shri Amit Anand, Shri S. K. Tripathi and Shri Gyandndra Singh, learned counsel for the respondents.
It is not in dispute that the applicant was appointed as Lecturer (Computer Engineering) by the Government of Haryana in the year 1997, on being selected by the HPSC. Three years thereafter, he was selected by the UPSC for the same post, advertised for the Polytechnic in the 1st respondent, and was appointed on 29.08.2000.
The 3rd respondent framed guidelines in the year 1999 for extension of the benefits of revised pay scales, CAS and other incentives. As observed earlier, CAS is extended to the lecturers who have completed certain length of service. If the Lecturer has Ph.D degree, he is entitled for relaxation of two years of service, and if he holds M.Phil/M.E./M.Tech, the relaxation will be one year, for placement in the Senior Scale. Once the Lecturer is conferred with the Senior Scale, further
benefit is provided in the form of Selection Grade, if he has completed five years' service in Senior Scale, and holds a Master's degree. The applicant was extended these benefits. The dispute is only about the effective date. In case the past service rendered by him in the State of Haryana is counted, the dates would be pushed back to the extent of that service.
Clause 9.1 of the Scheme deals with the counting of service within the same Institution, and clause 9.2, with counting the service rendered outside the Institution. They read as under:
"9.0 COUNTING OF QUALIFYING SERVICE FOR CAREER ADVANCEMENT
9.1 Counting of Service within the present Institution:
The duration of service in a temporary capacity/contract appointment/ad-hoc appointment/leave vacancy can be counted for promotion to Senior Scale/Selection Grade provided that:
(a) the tenure of such appointment was one year or more than one year without any break
(b) The incumbent was appointed on the recommendations of a Selection Committee constituted in accordance with the prescribed selection procedure as laid down by concerned Board of Governors/Institution's regulations/ Directorate of Technical Education/State Government/Central Government.
(c) the concerned Lecturer possessed the minimum qualifications prescribed by AICTE for appointment as Lecturers;
(d) the incumbent was selected to the regular post in continuation of service in a temporary capacity/contract appointment/ad hoc appointment/ leave vacancy without any break.
9.2. Counting of Service Outside the Institution:
Previous continuous services, as a Lecturer or equivalent in college, national laboratory, or other scientific organisations such as CSIR, ICAR, DRDO etc., or in any Public Sector Industrial Undertaking, may be counted for placement of Lecturers in Senior Scale/Selection Grade provided that:
(a) the posts were in an equivalent grade/scale of pay as the post of a Lecturer;
(b) the qualifications for the posts were not lower than the qualifications prescribed by AICTE for the post of Lecturer;
(c) the posts were filled in accordance with the prescribed selection procedures as laid down by the Board of Governors/Institution's regulations/ Directorate of Technical Education/State Government/Central Government;
(d) ad hoc service/service in contract appointment/leave vacancy was of a continuous duration of not less than one year and further provided that:
(i) the incumbent was appointed on the recommendation of a duly constituted Selection Committee; and
(ii) The incumbent was selected to the regular post in continuation of the ad hoc/ contract/temporary appointment
(e) The concerned Lecturer has possessed all the minimum qualifications prescribed by AICTE for appointment as Lecturers."
The only ground on which the applicant was denied the benefit of past service is that he did not hold the minimum qualification prescribed by the AICTE for appointment as Lecturer, i.e., clause 9.2(e). According to the respondents, the AICTE issued guidelines in the year 1989 stipulating that a candidate must have - (a) Bachelor's degree in appropriate branch of Engineering, or, M.Sc first class degree in appropriate branch of study for teaching posts in Humanity and Sciences; and (b) qualified in an all India examination (such as GATE/NET or equivalent). On this basis, it is stated that the applicant did not fulfil the qualifications. Had this been stated by the AICTE, the 3rd respondent, the things would have been different altogether. In their elaborate affidavit, the 3rd respondent did not raise any doubt as to the fulfilment of the qualification by the applicant.
One important aspect is that the Delhi Administration itself issued a notification dated 04.04.1996 prescribing the method of recruitment and qualifications for appointment to the post of Lecturer (Computer Engineering). According to this, the essential and desirable qualifications are mentioned as under:
"Essential:
Bachelor's Degree in Computer Engineering/Technology from a recognised University or equivalent.
Desirable:
(i) Qualified in all India Examination such as GATE.
(ii) Master's Degree in Computer Engineering/ Technology from a recognised University or equivalent."
Even this desirable qualification was dropped subsequently. When this is the state of affairs in their own institutions, the respondents 1 and 2 cannot insist that it should be different in other institutions.
The record discloses that many Lecturers, who were appointed in private institutions in the State of Karnataka, but were later on appointed by the Delhi Administration, were permitted to count their past service for the purpose of CAS. In OA No.1614/2014, it was held that the Delhi Administration cannot apply different yardsticks in the context of counting of past service. Assuming that there is some uncertainty in this behalf, a balancing act needs to be conducted. We are of the view that even while permitting the applicant to count his past service, the arrears up to this period can be denied to him.
We, therefore, allow this OA, and direct that the applicant shall be entitled to count his service rendered in the State of Haryana as Lecturer (Computer Engineering), for the purpose of CAS. He shall be entitled to be paid the benefits from 01.10.2019 onwards, but not the arrears for the period earlier thereto. There shall be no order as to costs.