Full Judgment Text
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision : July 08, 2015
+ LPA 377/2015
DR D S NAGESH & ANR ..... Appellant
Represented by: Mr.Kamlesh Kumar, Adv.
versus
DIRECTORATE OF TRAINING &
TECHNICAL EDUCATION & ORS ..... Respondent
Represented by: Mr.Raman Duggal, Standing
Counsel for GNCTD.
Mrs.Avnish Ahlawat, Adv.for
R-2/DTU
Mr.Anil Soni, Adv.for
R-3/AICTE.
Mr.Ripu Daman Bhardwan,
CGSC for R-4/MHRD.
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MS. JUSTICE MUKTA GUPTA
MUKTA GUPTA, J. (ORAL)
CM 10716/2015
Exemption allowed subject to just exceptions.
CM 10715/2015
For the reasons stated in the application the delay of 8 days in filing
the appeal is condoned.
LPA 377/2015
1. Aggrieved by the order dated March 25, 2015 dismissing the writ
petition filed by the appellants seeking directions to the Delhi Technical
LPA 377/2015 Page 1 of 4
University (in short the University) to recall its letters dated August 16, 2013
and July 17, 2013 by which three non-compounded increments granted to
the petitioners for acquiring Ph.D. degrees during the period of service have
been withdrawn, the appellants prefer the present appeal.
2. Dr.D.S.Nagesh and Dr.Vipin were appointed as Assistant Professors
in the Department of Mechanical Engineering and Department of Production
and Industrial Engineering on August 14, 2000 and May 26, 2000
respectively. Dr.D.S.Nagesh acquired his Ph.D. degree on June 12, 2008
whereas Dr.Vipin on February 23, 2008. On March 05, 2010 the
Government of India, Ministry of Human Resources & Development
(MHRD) issued circulars to all NITs that all Professors who have taken
higher education while in service would be entitled to three non-
compounded increments. On July 18, 2010 for Dr.D.S.Nagesh and on
October 17, 2010 for Dr.Vipin the pay was re-fixed and three compounded
increments for acquiring Ph.D. degree were also given with effect from
September 01, 2008. However, the three compounded increments were
withdrawn vide office order dated July 17, 2013 which was challenged in the
writ petition.
3. Vide the impugned order the learned Single Judge held that three non-
compounded increments were given as incentives to persons working in the
same post. However, on acquiring higher qualification promotions were
duly granted to the appellants herein and thus they cannot in addition to
promotions claim the second benefit of incentive of three non-compounded
increments.
4. In the counter affidavit filed the respondent/university has clarified
that teachers working in the erstwhile Delhi College of Engineering now
LPA 377/2015 Page 2 of 4
DTU were governed by the AICTE pay scales approved by the Govt.of NCT
th
Delhi. The 5 AICTE pay scales and other incentives admissible to the
teachers were implemented by the Govt.of NCT Delhi vide order dated
February 11, 2003 with effect from January 01, 1996. However, the
Ministry of Human Resources & Development, Govt.of India implemented
th
the 5 AICTE pay scales with effect from January 01, 1996 and other
incentives available under Career Advancement Scheme (CAS) with effect
from October 1998. It was clarified that the orders of the MHRD, GOI were
not directly applicable to the employees under the GNCTD unless duly
accepted and notified. Vide the order dated July 29, 2010 the GNCTD
th
approved the 6 AICTE pay scales and other service conditions for the
teachers of degree level technical institutes. With the implementation of the
order the lecturers were designated as Assistant Professor and Assistant
Professors were designated as Associate Professors, however there was no
change in the case of Professors. Clause 13 of the Order dated July 29, 2010
provided as under:
“Teachers who complete their Ph.D. degree while in service
shall be entitled to three non-compounded increments if such
Ph.D. is in the relevant branch/ discipline and has been
awarded by a university implying with the process prescribed
by the UGC. If Ph.D. is prescribed as an essential qualification
for the post, no incentive increment shall be given. This would
not be eligible if a person has got increments for Ph.D. in any
other relevant discipline”.
5. From the order dated July 29, 2010 it is clear that if Ph.D. was a
prescribed essential qualification for the post no incentive increment could
be given. It is not disputed by both the appellants that Ph.D. was a
prescribed essential qualification for the post of Associate Professor
LPA 377/2015 Page 3 of 4
meaning thereby that an Associate Professor will not be entitled for three
non-compounded increments for acquiring Ph.D. degree during service as
per Clause 13 of Order dated July 29, 2010. Consequently, there is no
infirmity in the impugned judgment.
6. The appeal is dismissed.
CM 10714/2015
Dismissed as infructuous.
(MUKTA GUPTA)
JUDGE
(PRADEEP NANDRAJOG)
JUDGE
JULY 08, 2015
‘ga’
LPA 377/2015 Page 4 of 4
% Date of decision : July 08, 2015
+ LPA 377/2015
DR D S NAGESH & ANR ..... Appellant
Represented by: Mr.Kamlesh Kumar, Adv.
versus
DIRECTORATE OF TRAINING &
TECHNICAL EDUCATION & ORS ..... Respondent
Represented by: Mr.Raman Duggal, Standing
Counsel for GNCTD.
Mrs.Avnish Ahlawat, Adv.for
R-2/DTU
Mr.Anil Soni, Adv.for
R-3/AICTE.
Mr.Ripu Daman Bhardwan,
CGSC for R-4/MHRD.
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MS. JUSTICE MUKTA GUPTA
MUKTA GUPTA, J. (ORAL)
CM 10716/2015
Exemption allowed subject to just exceptions.
CM 10715/2015
For the reasons stated in the application the delay of 8 days in filing
the appeal is condoned.
LPA 377/2015
1. Aggrieved by the order dated March 25, 2015 dismissing the writ
petition filed by the appellants seeking directions to the Delhi Technical
LPA 377/2015 Page 1 of 4
University (in short the University) to recall its letters dated August 16, 2013
and July 17, 2013 by which three non-compounded increments granted to
the petitioners for acquiring Ph.D. degrees during the period of service have
been withdrawn, the appellants prefer the present appeal.
2. Dr.D.S.Nagesh and Dr.Vipin were appointed as Assistant Professors
in the Department of Mechanical Engineering and Department of Production
and Industrial Engineering on August 14, 2000 and May 26, 2000
respectively. Dr.D.S.Nagesh acquired his Ph.D. degree on June 12, 2008
whereas Dr.Vipin on February 23, 2008. On March 05, 2010 the
Government of India, Ministry of Human Resources & Development
(MHRD) issued circulars to all NITs that all Professors who have taken
higher education while in service would be entitled to three non-
compounded increments. On July 18, 2010 for Dr.D.S.Nagesh and on
October 17, 2010 for Dr.Vipin the pay was re-fixed and three compounded
increments for acquiring Ph.D. degree were also given with effect from
September 01, 2008. However, the three compounded increments were
withdrawn vide office order dated July 17, 2013 which was challenged in the
writ petition.
3. Vide the impugned order the learned Single Judge held that three non-
compounded increments were given as incentives to persons working in the
same post. However, on acquiring higher qualification promotions were
duly granted to the appellants herein and thus they cannot in addition to
promotions claim the second benefit of incentive of three non-compounded
increments.
4. In the counter affidavit filed the respondent/university has clarified
that teachers working in the erstwhile Delhi College of Engineering now
LPA 377/2015 Page 2 of 4
DTU were governed by the AICTE pay scales approved by the Govt.of NCT
th
Delhi. The 5 AICTE pay scales and other incentives admissible to the
teachers were implemented by the Govt.of NCT Delhi vide order dated
February 11, 2003 with effect from January 01, 1996. However, the
Ministry of Human Resources & Development, Govt.of India implemented
th
the 5 AICTE pay scales with effect from January 01, 1996 and other
incentives available under Career Advancement Scheme (CAS) with effect
from October 1998. It was clarified that the orders of the MHRD, GOI were
not directly applicable to the employees under the GNCTD unless duly
accepted and notified. Vide the order dated July 29, 2010 the GNCTD
th
approved the 6 AICTE pay scales and other service conditions for the
teachers of degree level technical institutes. With the implementation of the
order the lecturers were designated as Assistant Professor and Assistant
Professors were designated as Associate Professors, however there was no
change in the case of Professors. Clause 13 of the Order dated July 29, 2010
provided as under:
“Teachers who complete their Ph.D. degree while in service
shall be entitled to three non-compounded increments if such
Ph.D. is in the relevant branch/ discipline and has been
awarded by a university implying with the process prescribed
by the UGC. If Ph.D. is prescribed as an essential qualification
for the post, no incentive increment shall be given. This would
not be eligible if a person has got increments for Ph.D. in any
other relevant discipline”.
5. From the order dated July 29, 2010 it is clear that if Ph.D. was a
prescribed essential qualification for the post no incentive increment could
be given. It is not disputed by both the appellants that Ph.D. was a
prescribed essential qualification for the post of Associate Professor
LPA 377/2015 Page 3 of 4
meaning thereby that an Associate Professor will not be entitled for three
non-compounded increments for acquiring Ph.D. degree during service as
per Clause 13 of Order dated July 29, 2010. Consequently, there is no
infirmity in the impugned judgment.
6. The appeal is dismissed.
CM 10714/2015
Dismissed as infructuous.
(MUKTA GUPTA)
JUDGE
(PRADEEP NANDRAJOG)
JUDGE
JULY 08, 2015
‘ga’
LPA 377/2015 Page 4 of 4