Tribunals and CommissionsDivision Bench(2021) 07 CAT CK 0449

Sunil Kumar Agarwal vs Lieutenant Governor Of Delhi & Ors.

Central Administrative Tribunal, New Delhi · Decided on 6 July 2021

HON’BLE JUDGES
L. Narasimha Reddy, Chairman · Aradhana Johri, Member (A)
CASE NUMBER
O.A. No. 812/2021

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

9 paragraphs · 503 words

Justice L. Narasimha Reddy, Chairman :

The applicant was appointed as Lecturer in the G.B. Pant Polytechnic, of the Delhi Administration, on 28.06.1991, on ad hoc basis and on regular basis on 22.04.1996. The AICTE framed scheme for Item No.25 OA No. 812/2021 extension of benefit of Career Advancement Scheme (CAS) in the form of senior scale, on completion of six years of service as Lecturer and the Selection Grade on completion of 5 years of service as Lecturer Senior Scale. One of the requirements is of holding the post graduation degree. Complaining that the respondents did not promote the applicant to the Selection Grade, though the DPC met on 05.12.2016, this OA is filed with a prayer to quash the order dated 23.11.2017 through which the respondents have considered 32 cases of Lecturers and out of which 17 cases were rejected and deferred 14 cases and promoted only one to the senior time scale. Direction is also sought to respondents nos. 1 to 4 to extend the benefit of Selection Grade to the applicant in terms of the relevant norms stipulated in the scheme.

2.

The applicant argued the case by himself and we heard Ms. Esha Mazumdar, Mr. Gyanendra Singh, Mr. Vijendra Singh, Mr. R.V. Sinha and Mr. Manoj Ranjan Sinha, learned counsel for the respondents.

3.

The regular appointment of the applicant to the post of Lecturer was on 22.04.1996. The AICTE has prescribed the norms for extending the benefit of CAS. The first stage is on completion of six years of service to the post of Lecturer. The next stage is to the Selection Grade. Two important requirements in this behalf are: (a) completion of 5 years' satisfactory service in the Senior Scale; and (b) holding of Post Graduation Degree. Another important aspect is that promotion to the Selection Grade is purely on the basis of selection by the DPC. The relevant provision reads as under:-

"8.3 Lecturer (Selection Grade):

A Senior Lecturer/Lecturer (Senior Scale) who has a Master's degree and 5 years experience as Senior Lecturer of Lecturer (Senior Scale), and has consistently satisfactory performance appraisal reports will be eligible to be placed as Lecturer (Selection Grade), subject to the recommendation of the Selection Committee."

4.

The applicant does not hold the Post Graduation degree. Though he has completed 6 years of service as Lecturer in the Senior Scale, that itself is not sufficient. Obviously for this reason, the DPC rejected the case of not only the applicant but also of 16 others.

5.

It is just ununderstandable as to how, persons, who do not think of acquiring a Post Graduation Degree for the past about quarter of a century, are thinking of higher promotion to the Selection Grade. If the claim of the applicant is accepted, it would amount to reducing the process of the concept of selection grade, to a ridiculous level.

6.

We do not find any merit in the OA and accordingly, the same is dismissed. There shall be no order as to costs.