AJAY NAND BAHADUR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner was appointed on the post of Assistant Professor, Botany, by the State of Madhya Pradesh on 04.03.1987 and he was awarded with Degree of Doctor of Philosophy (Ph.D) in the subject of Botany on 04.01.1997 for which he was granted two advance increments in terms of clause 6.4.0 of UGC notification and Regulation On Revision Of Pay Scales, Minimum Qualification For Appointment of Teachers in Universities and Colleges and other Measures for Maintenance of Standards, 1998, duly accepted by the State of Madhya Pradesh vide Annexure P/5 dated 11.10.1999. Thereafter, the petitioner was granted selection grade w.e.f. 05.01.1999. He claimed that he is entitled for two advance increments from the date of being placed in selection grade i.e. 05.01.1999 in accordance with clause 6.3.0 and 6.4.0 of the Govt. order (Annexure P/5), but the same was not granted to him in the light of order dated 03.09.2003 (Annexure P/8) passed by the respondent No.2/Director, Higher Education.

(2.) The petitioner, invoking extraordinary jurisdiction of this court under Article 226 of the Constitution of India, has filed this petition questioning the legality and validity of order dated 03.09.2003 (Annexure P/8), consequential order dated 15.09.2003 (Annexure P/9) and order dated 21.02.2014 (Annexure P/16) passed by respondent No.1 rejecting petitioner's representation, pleading inter alia that he being placed in selection grade, became eligible for grant of two advance increments as per regulations issued by the UGC vide order dated 27.07.1998 (Annexure P/3) and having been adopted the same by the State of Madhya Pradesh on 11.10.1999 (Annexure P/5) and therefore entitled for grant of two advance increments from the date he being placed in the selection grade i.e. 05.01.1999.

(3.) On rule being issued, counter affidavit has been filed on behalf of State pleading inter alia that screening committee did not found the petitioner competent to be awarded selection grade w.e.f. 27.07.1998, but the committee found the petitioner entitled w.e.f. 05.01.1999 and accordingly it was granted by order dated 03.09.2003 (Annexure P/8). It has also been averred that since the petitioner has already been granted two advance increments at the time of revision of pay w.e.f. 04.01.1997, the date on which he was awarded Ph.D, petitioner is not entitled for two further increments on being placed in selection grade and as such writ petition deserves to be dismissed.