Eligible Assistant Professors’ entitlement to Academic Grade Pay and arrears must be determined by a committee.

The 29 petitioners, serving as Assistant Professors in various Government colleges in Chhattisgarh, sought a direction to the State authorities to grant them Academic Grade Pay and release consequential arrears.

They relied on the decision of a Co-ordinate Bench in Lokmani Yadav & Ors. v. State of Chhattisgarh & Ors., WPS No. 3307 of 2024, decided on 25 June 2024, concerning the same issue.

In that case, the Court had directed the State to constitute a committee to examine each petitioner’s eligibility for Academic Grade Pay and to disburse the benefit from the date of eligibility if found entitled.

The respondents did not object to disposal of the petition in terms of the limited prayer made by the petitioners.

Whether the petitioners’ claim for Academic Grade Pay and arrears should be considered in accordance with the directions issued in Lokmani Yadav?

Whether the respondent authorities should examine the individual eligibility of the petitioners and grant Academic Grade Pay from the dates on which they became eligible?

The Court applied the principle of judicial consistency and parity by relying on the Co-ordinate Bench’s decision in Lokmani Yadav & Ors. v. State of Chhattisgarh & Ors., WPS No. 3307 of 2024, particularly paragraph 8.

The applicable rule was that the State Higher Education Department must constitute a committee to determine the individual eligibility of the concerned Assistant Professors for Academic Grade Pay; the committee must complete the exercise within the prescribed period; and eligible employees must be paid Academic Grade Pay and arrears from the dates of their respective eligibility.

No specific statutory provision was independently interpreted in the present order.

The Court noted that the petitioners’ claim involved the same issue decided in Lokmani Yadav.

Since the respondents raised no objection to disposal of the matter on the same terms, the Court adopted the precedent as the governing framework.

It directed that, if the petitioners were similarly situated to those covered by the earlier decision, their claims should be examined and decided in accordance with the directions issued therein.

Thus, the Court did not itself determine each petitioner’s entitlement; instead, it required an administrative examination of their individual eligibility through the mechanism prescribed in the earlier judgment.

The respondent authorities were required to consider the petitioners’ grievances if they were found to be similarly situated.

The applicable directions required the Secretary, Higher Education Department, to constitute a committee within one month of receiving the order, with the committee to assess eligibility for Academic Grade Pay within three months of its constitution.

Petitioners found eligible were to receive Academic Grade Pay and arrears from the dates of their respective eligibility.