MADAN CHANDRA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. G Uzir, learned counsel for the petitioner as well as Mr. J Deka, learned counsel representing the respondent nos. 2 and 3. Mr. A Chamuah, learned counsel represents respondent nos. 5 and 6. None for the respondent nos. 1,4 and 7 appears when the matter is taken up for final hearing.

(2.) The petitioner Dr. Madan Chandra Das is presently an Associate Professor in the Department of Chemistry at North Guwahati College, Kamrup (R). The career progression of the petitioner has been succinctly laid down in the writ petition. Following his appointment as a Lecturer in the said College on 07.06.1987, provisional approval thereof was granted by the Director of Higher Education, Assam, on 16.03.1995. His services was confirmed by order dated 30.05.1997 and thereafter by orders of the competent authority, he was granted necessary increments as well as Senior Scale of pay. What is of utmost significance is that the petitioner was awarded the distinction of Doctor of Philosophy (Ph.D) by the Gauhati University on 05.07.2005 and thereafter orders were passed relating to his fixation of pay in the Selection Grade Scale of pay.

(3.) A Notification was issued on 28.07.2009 under the hand of the Principal Secretary to the Government of Assam, Education (Higher) Department, Dispur, indicating that those Lecturers, who were allowed to avail UGC scale of pay without having UGC qualification, the said benefit would stand modified to the extent that they would be entitled to enjoy the incremental benefit in the UGC scale of pay only after obtaining M. Phil/ Ph.D Degree within eight years, failing which their services would stand discontinued. Also, they would not be eligible for Senior Selection Grade scale of pay until they fulfill the condition as laid down under the UGC norms. The said general Notification was followed by the order dated 29.07.2009, passed under the hand of the Director of Higher Education, Assam, making it specific in respect of the petitioner herein. Despite the fact that the petitioner had obtained Ph.D Degree way back in July, 2005 and also being accorded Selection Grade scale of pay in September, 2008, the said order came to be passed reiterating that the petitioner would be entitled to enjoy the incremental benefit in the UGC scale of pay of Rs.2200/ - to Rs.4000/ - only after obtaining M.Phil/ Ph.D Degree or NET/ SLET within eight years, failing which, his services will be discontinued.