M.C. GHATAK Vs. UNION OF INDIA

JUDGEMENT

(1.) These two applications are directed against the judgement and order dated 17.12.2012 passed by the learned Central Administrative Tribunal, Calcutta Bench, Circuit Bench at Port Blair in OA No.41/AN/2011 with MA No.46/AN/2011 and the OA No.177/AN/2011 filed by the same writ petitioner. Both the applications are disposed of by this common judgement and order.

(2.) For convenience the WPCT No.272 of 2013 is taken up for consideration first.

(3.) The writ petitioner is a Lecturer of Dr. B.R. Ambedkar Government Institute of Technology. He obtained Master Degree in Mechanical Engineering from the Punjab University in 1996, while he was serving in the Indian Air Force. On the recommendations of the UPSC, he was appointed to the post of Lecturer, Mechanical Engineering in Dr. B.R. Ambedkar Government Polytechnic, Port Blair and accordingly he joined the said post on 10.8.1998. In the meantime, the 5th Pay Commission came into force with effect from 01.01.1996 and by a notification dated 30.12.99 the AICTE issued a press release indicating that the said notification shall be effective from 01.01.1996 and an incentive was provided for higher qualification in terms of clause 7(a)(ii) of the scheme. In terms of Para 7(a)(ii) of the said notification, two advanced increments are permissible for higher qualification and as such, the petitioner is entitled to get two additional increments with effect from 10.8.1998 i.e. from the date of his joining, but he was allowed two increments with effect from 01.4.1999. The petitioner gave several representations to the concerned authorities including the Commissioner-cum-Secretary(Education) through proper channel for grant of two additional increments with effect from 10.8.1998. Even he sought for an interview through the proper channel and he was granted such permission to meet the Secretary(Education) to ventilate his grievance for non-sanctioning of advanced increments. Thereafter, he apprised the Commissioner-cum- Secretary(Education) of the situation, but, he was not granted two additional increments with effect from 10.8.1998 as per scheme. Under the circumstances, the petitioner was compelled to file the OA No.41/AN/2011 with MA No.46/AN/2011 before the learned Central Administrative Tribunal praying for implementation of the AICTE pay scales for Polytechnic teachers in A & N Islands and other consequential reliefs. The petitioner also filed an application being MA No.46/AN/2011 for amendment and both the matters were heard together by the learned Tribunal and were dismissed by the impugned order.