PRADEEP KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner is at present Reader in Dharam Samaj College, Aligarh, which is a Government-aided Institution. He was initially appointed on 15.3.1990 as a Lecturer in B.Ed, in Post Graduate Research Sansthan, Trivendram (Kerala) and worked there till 17.12.1996. THEreafter, on 18.12.1996 he was given appointment as Lecturer in Dharam Samaj College, Aligarh (respondent No. 3) after due selection by the U.P. Higher Education Service Commission. THE petitioner contested his claim for seniority, as, according to him, his service should have been counted from the date of his initial appointment in the year 1990, which benefit he was given only after he filed a Writ Petition No. 17418 of 2000, which was allowed by judgment and order dated 30.4.2001. THE dispute in the present writ petition is now with regard to grant of advance increments to the petitioner.

(2.) ON 16.2.1999 Government Order was issued, and as per paragraph 4 of An- nexure '2' to the said G.O., the petitioner was entitled to two advance increments as he had M.Phil, degree at the time of recruitment as Lecturer. The said benefit was given to the petitioner vide order dated 22.10.2002, which was with effect from the date the petitioner joined as Lecturer in the College of the respondent No. 3. The petitioner thereafter acquired Doctorate (Ph.D) on 13.11.2002. In terms of the Government Order dated 16.2.1999, the petitioner claims to be entitled to the benefit of two further advance increments after he acquired Ph.D. during his service career. A recommendation in this regard was made by the Principal of the College, which was not for the petitioner alone but for 17 other Lecturers also. While making such recommendations, on 4.10.2004 the Principal of the College informed the Director of Education that the petitioner had completed his Ph.D. on 13.11.2002, and as such, he would be entitled to the benefit of two further advance increments under the Government Order dated 16.2.1999. A reminder in this regard was given by the Principal of the College on 13.7.2006. However, the Director, vide his order dated 25.7.2007 rejected the claim of the petitioner by merely stating that the petitioner would not be entitled to two further advance increments, as the same would not be in accordance with the Government Order. Challenging the said order dated 25th July, 2007, this writ petition has been filed. Further prayer has been made for a direction commanding the respondent Nos. 1 and 2 to grant two advance increments w.e.f. 13.11.2002, as per the Government Orders dated 16.2.2099, 1.12.1999 and 17.1.2004, issued by the State Government.

(3.) THE Government Order dated 1.12.1999, which clarifies the earlier G.O. dated 16.2.2009, is noteworthy in this regard. THE relevant paragraphs 2 and 3 of the said Government Order, on which the learned counsel places reliance, are quoted below: <IMG>JUDGEMENT_475_ADJ1_2012Image1.jpg</IMG>