SANTOSH KUMAR GANDHI Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition has been preferred for quashment of Annexure p/1 and issuance of writ of mandamus to the respondents commanding them to re-fix the pay of the petitioner under Clause 7 (c) of AICTE contained in Annexure P/2.

(2.) FACTS involved herein are that the petitioner was appointed as lecturer in Sardar Vallabh Bhai Polytechnic College Bhopal. During service, he acquired Ph. D. Degree on 2. 10. 2003. All India council for Technical Education ( for Short "aicte") issued a notification for diploma level technical institution as contained in annexure P/2 on 30th of December, 1999. Clause 7 which is reproduced below provides incentives for higher qualification:-

(3.) THE petitioner on acquiring degree of Ph. D. was granted 2 advance increments by virtue of clause (b) supra. Subsequently, vide order dated 14. 7. 2005 (Annexure P/1), the petitioner was placed in the Selection Grade w. e. f. 30th of December, 2004. After having been granted the Selection Grade, the petitioner claimed two advance increments as per clause 7 (c) supra vide Annexures p/4, P/5 and P/6. The Director of Technical Education M. P. vide his letter Annexure P/8 informed the Principal of Sardar Vallabh Bhai polytechnic College, Bhopal that on account of having been placed in the Selection Grade the petitioner is entitled to two advance increments by virtue of clause 7 (c) and that the Principal was competent officer to make fixation after granting two advance increments. It was not complied with. The petitioner vide Annexure p/10 dated 3rd of January, 2007 and Annexure P/11 dated 27. 1. 2007 requested the Principal to grant him two advance increments in pursuance of the letter (Annexure P/8) issued by the director of Technical Education. Since no compliance was made, the petitioner submitted the present writ petition for payment of two advance increments on account of having been placed in selection Grade.