NIRMALA MITTAL Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner has prayed that the respondents be directed to release three advance increments from the date of acquiring Ph. D. qualification and also to quash that part of circular Annexures P-3 and P-4, which denies such a benefit to the petitioner.

(2.) Learned counsel for the petitioner has submitted that the pay scale of the teachers in Universities and Colleges were revised w.e.f. January 1, 1986 by the Govt. of India on the recommendations of the University Grants Commission (Annexure P-3), which were also adopted by the Govt. of Haryana vide letter dated March 8, 1989 (Annexure P-4). In view of the said circulars, lecturers who possess research degrees i.e. Ph.D. or M. Phil. qualification at the time of recruitment on or after January 1, 1986 were entitled to three or one advance increment respectively. Whereas those lecturers who improved their qualifications before or after January 1, 1986, while in service were not entitled to such benefit. The relevant part of the circular is as under :-

(3.) The petitioner was appointed as a regular lecturer in college cadre in the Haryana State in the year 1971 and was sent on deputation to the Chandigarh Administration to serve in Govt. College in Sector-11, Chandigarh in the year 1973 and since then she has been working as such. At the time of her appointment as lecturer in 1971, she was post graduate in Hindi and Sanskrit. Thereafter, while in service, she improved her qualification and obtained degree of Ph.D. in the faculty of language (Hindi) from Punjab University, Chandigarh in the year 1990 (Annexure P-2). The fact that she had improved her qualification was duly communicated to the concerned authorities (Annexure P- 1).