NILIMANKA DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has prayed for a direction to grant him AGP of Rs.7,000/- on completion of 5 years of service as Assistant Professor with consequential benefits. Before we record facts leading to this prayer of the petitioner, we may record that in the petition as it was originally filed, there were averments and allegations against private respondents with matching prayers against granting certain service benefits to these private respondents. However, subsequently this petition was amended so as to drop this challenge. We have focused on the petitioner's principal prayer for grant of higher AGP upon completion of 5 years service as an Assistant Professor.

(2.) This prayer of the petitioner arises in following background:

(3.) The AICTE framed the All India Council for Technical Education (pay scales, service conditions and qualifications for Teachers and other Academic staff in Technical Institutions (Degree) Regulations, 2010 (hereinafter to be referred to as 'AICTE Regulations, 2010') under a Notification dated 22.01.2010. These Regulations would come into effect from their publication in the Official Gazette which happened on 13.03.2010. Under these Regulations, it was provided that there shall be only three designations in respect of teachers in Universities and Colleges namely, Assistant Professors, Associate Professors and Professors. These Regulations also provided Revised Pay Scales, Service conditions and Career Advancement Scheme for teachers and equivalent positions. Relevant portion of these Regulations reads as under: