STATE OF HARYANA Vs. SUDHIR DAGAR

JUDGEMENT

(1.) The respondent herein was appointed as Assistant Professor in the pay scale of Rs. 12000-18300/- on 28.1.2006 vide appointment letter dated 28.1.2006 and he joined the said post on 31.1.2006. His pay was fixed in the said pay scale which he continued to draw till November-2010. In December-2010, the State of Haryana took the decision to revise the pay scales of Teachers with effect from 1.1.2006, accepting the recommendations of the Sixth Central Pay Commission. At that time, the respondent was drawing total emoluments of Rs. 42,156/- in the old pay scale of Rs. 12000-18300/-. The revised pay scale corresponding to this pay scale was Rs. 15600-39100/-. Though the respondent was given this pay scale from 1.1.2006, but was not given actual pay and rather his pay had been fixed notionally. Furthermore, he was denied the Grade Pay of Rs. 8000/-, which was admissible to the Assistant Professors completing 3 years of teaching. Accordingly, the respondent filed the writ petition, which has been allowed by the learned single Judge. Insofar as arrears of pay are concerned, it is noted that in the notification dated 22.1.2010, it was categorically mentioned that arrears for the period from 1.1.2006 to 30.11.2010 would be paid in three installments i.e. 40%, 30% and 30% as per the Government decision. These instructions could not mean that what was to be paid was only notional. There is no clarification in this behalf. However, the respondent is also given Grade Pay of Rs. 8000/-, holding that after 3 years of teaching experience, he was entitled to be placed in the pay band as per instructions of the AICTE dated 22.1.2010, Clause (xii) whereof reads as under:-

(2.) Same argument is advanced before us by the learned counsel for State of Haryana in the present appeal challenging the aforesaid judgment of the learned Single Bench. We have considered the same, but do not find any merit therein.

(3.) Admittedly, the respondent was appointed in the pay scale of Rs. 12000-18300/- as Assistant Professor on 28.1.2006. It is also an admitted fact that this scale is revised to Rs. 15600-39100/- and the respondent is given this pay scale as well. Pay scale of Rs. 15600-39100/- has the Grade Pay of Rs. 8000/- which is clear from orders dated 3.12.2010, published in the Government gazette dated 14.12.2010. Thus, when the respondent was appointed as Assistant Professor, he was having the requisite qualification for the said post which was prevalent at that time. Ph. D, as an essential qualification, was prescribed only on 31.3.2011. It would, thus, apply prospectively and therefore, the construction placed by the Single Bench on Clauses (iv) and (xii) of the AICTE notification is perfectly in order. We, thus, do not find any merit in this appeal, which is accordingly dismissed.