Selection Scale: Higher qualification not mandatory for non-functional in-situ promotion to alleviate stagnation.

The applicant, K.C. Sharma, was appointed as TGT (Sanskrit) on 29.08.1984 and was granted Senior Scale with effect from 29.08.1996 after completing twelve years of service.

He claimed the Selection Scale upon completion of twenty-four years of service, due on 29.08.2008.

However, this was refused on the grounds that he did not possess a Master's Degree in Sanskrit, despite having a Master's Degree in Hindi.

Representations by the applicant were rejected by orders dated 06.02.2019 and 23.01.2020.

The applicant retired on 31.08.2009.

On the date the applicant became eligible for the selection scale (29.08.2008), there was no sanctioned post of PGT (Sanskrit), and the Recruitment Rules (RRs) of 2008, effective from 01.08.2008, had deleted the promotional channel from TGT (Sanskrit) to PGT (Sanskrit).

The RRs of 2008 also did not permit promotion from TGT (Sanskrit) to PGT (Hindi).

The respondents contended that acquiring a higher qualification (Post Graduation in the subject of the present post) was a pre-requisite for the Selection Scale, as per Ministry of HRD circular dated 12.08.1987 and clarification dated 03.03.2009.

The condition of higher qualification was waived only for miscellaneous categories of teachers.

Whether the respondents were justified in denying the Selection Scale to the applicant on the ground that he did not possess a Master's Degree in Sanskrit, despite being Post Graduate in Hindi, especially when no promotional post of PGT (Sanskrit) existed at the relevant time?

Whether the requirement of a higher qualification is necessary for granting a Selection Scale, which is considered a non-functional in-situ promotion or financial upgradation?

The court primarily applied the principles derived from the scheme for Revision of Pay Scales of School Teachers effective from 01.01.1986, which introduced Senior Scale and Selection Scale for financial upgradation on completion of 12 and 24 years of service, respectively, to address stagnation.

It further relied on the Supreme Court's judgment in *Union of India and Another vs. G. Ranjanna and Others (2008) 14 SCC 721*, which held that for non-functional in-situ promotion aimed at removing stagnation and providing monetary benefits without altering the functional post, insistence on educational qualifications prescribed for functional promotions is not necessary.

The court noted that the applicant was entitled to the Senior Scale and Selection Scale as a financial upgradation for completing 12 and 24 years of service, respectively, under the scheme introduced in 1986.

It recognized that on the due date for the Selection Scale (29.08.2008), no sanctioned post of PGT (Sanskrit) existed, and the RRs of 2008 had abolished promotional avenues for TGT (Sanskrit).

The court emphasized that the Selection Scale is akin to a "non-functional in-situ promotion" or financial upgradation, designed to prevent stagnation and provide monetary benefits, not to grant actual promotion to a higher functional post.

Citing *Union of India and Another vs. G. Ranjanna (2008)*, the bench stressed that for such in-situ promotions aimed at removing stagnation, the fulfillment of educational qualifications prescribed for functional promotions is not necessary.

Therefore, denying the Selection Scale to the applicant solely because he lacked a Master's Degree in Sanskrit, despite the absence of a promotional PGT (Sanskrit) post and his stagnation, was deemed inconsistent with the principle of financial upgradation for non-functional posts.

The Original Application (OA) was allowed, and the orders dated 06.02.2019 (Annexure-A/1) and 23.01.2020 (Annexure-A/2) were quashed and set aside.

The respondents were directed to grant the Selection Grade to the applicant from the date of completion of 24 years of service (29.08.2008) with all consequential benefits, with this exercise to be completed within three months from the receipt of the order.