AJIT KUMAR SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.D. Choudhury, learned counsel for the petitioners in WP(C) No.3519/2009 & WP(C) No.3520/2009; Mr. B. Chakraborty, learned counsel for the petitioner in WP(C) No.3623/2009; Mr. L.P. Sharma, learned counsel for the petitioners in WP(C) No.3457/2009, WP(C) No.3761/2009 & WP(C) No.3456/2009; Mr. B.K. Bhagawati, learned counsel for the petitioner in WP(C) No.3934/2009 as well as Mr. M.R. Choudhury, learned counsel representing the petitioner in WP(C) No.3663/2009. Also heard Mr. J. Deka, learned counsel representing the Higher Education Department; Mr. A. Chamuah, learned counsel representing the University Grants Commission (UGC) and Mr. R.S. Mishra, learned counsel representing Respondent No.3 in WP(C) No.3456/2009.

(2.) As common issues are raised in the aforesaid writ petitions, the same are taken up together and concluded by a common judgment.

(3.) It is no more res integra that an administrative order must stand or fall on its own merits. It has to be tested on the edifice of the prevalent law including that of the principles of natural justice. All the petitioners are aggrieved by the order dated 29.07.2009 issued under the hand of the Director of Higher Education, Assam, whereby in pursuance of an earlier Notification dated 28.07.2009, the date of effect of approval of appointment was sought to be modified on the terms and conditions stipulated in the said impugned order. The State respondents have taken a stand that the petitioners will be entitled to enjoy incremental benefit in the UGC scale of pay of Rs.2200 -4000 only after obtaining M.Phil/Ph.D Degree or NET/SLET within 8(eight) years, failing which, his/her service will stand discontinued. It was also made clear that the teacher concerned would not be eligible for Senior Scale/Selection Grade Scale of pay until such time they fulfill the conditions as laid - down in the UGC norms. The said order also indicated that necessary action is required to be taken for recovery of the excess amount drawn by the petitioners during the period of service which they had rendered without having the requisite qualification. This order under challenge dated 29.07.2009 has its basis on an earlier order dated 28.07.2009 passed by the Government of Assam in the Education (Higher) Department. As such, it would be necessary to peruse the said Government Order/Notification dated 28.07.2009, which is part of the record in some of the writ petitions.