M.C.GHATAK Vs. UNION OF INDIA

JUDGEMENT

(1.) FOUR original applications being OA No. 41/AN/11, OA No. 44/AN/11, OA No. 133/AN/11 and OA No. 177/AN/11 were preferred by the petitioner herein. All the said original applications were heard analogously and judgment was delivered by the learned tribunal on 17th December, 2012. Aggrieved by the said judgment, the petitioner preferred two applications under Article 226 of Constitution of India being WPCT No. 271/2013 and WPCT No. 272/2013 pertaining to the original applications being OA No. 177/AN/2011 and OA No. 41/AN/2011 respectively.

(2.) THE said two writ applications being WPCT No. 271/2013 and WPCT No. 272/2013 were heard analogously and dismissed by judgment dated 11th March, 2014.

(3.) THE facts in OA No. 41/AN/2011, in a nutshell, are that the petitioner, after serving Indian Armed Force for 18 years, pursued the Master Degree course in Mechanical Engineering and successfully completed the same. Subsequent thereto, the petitioner participated in a selection process and upon recommendation by the Union Public Service Commission the petitioner was appointed to the post of Lecturer in Mechanical Engineering in Dr. BR. Ambedkar Institute of Technology, Pahargaon, Port Blair vide memorandum dated 22nd June 1998. Thereafter, by memorandum dated 28th February, 2003 the petitioner was granted two additional increments on the rudiments of his Post Graduate qualification with effect from 1st April, 1999. According to the petitioner, he was entitled to the said additional increments with effect from 10th August, 1998, i.e. from the date of his joining, on the basis of the provisions of All India Council for Technical Education (Pay Scales, Service Conditions and Qualification For The Teachers And Other Academic Staffs In Technical Institution within (diploma) Regulations, 2010 (hereinafter referred to as the said Regulations). But vide memorandum dated 22nd November, 1999, the petitioner was granted the additional increment with effect from 1st April, 1999.