Eligibility for payment of advance increments based on qualifications acquired prior to the effective date of relevant notifications is upheld.

JUDGMENT

Rajiv Shakdher, J. (Oral)

[Court hearing convened via video-conferencing on account of COVID-19]

1. This writ petition is directed against the order dated 17.10.2018, passed by the Central Administrative Tribunal [in short, "the Tribunal"], Principal Bench, New Delhi in OA No. 696/2017.

2. On 08.11.2021, when the matter had come up for hearing, we had recorded the controversy obtaining in the matter. For the sake of convenience, the relevant part of the said order is extracted hereafter:

"4. The petitioner is seeking payment of three non-compounded advance increments with effect from 24.12.2015 i.e., the date when they acquired their Ph.D. qualification.

4.1. The respondent no. 1/GNCTD has denied the request made by the petitioners on the ground that, they have reached Pay-Band 4, and that the said increments are available only to those who are in Pay-Band 3.

4.2. The respondent no.1/GNCTD, in this behalf, has relied upon AICTE's notification, dated 04.01.2016. [See page 135 of the case file.]

4.3. To be noted, what is not in dispute is that, the notification dated 04.01.2016 is based on an earlier notification of AICTE dated 05.03.2010. It appears that the said notification is not on record.

4.4. Be that as it may, the AICTE will place the aforesaid notification i.e., notification dated 05.03.2010 on record, for better appreciation of the matter.

5. We may note that, it is the assertion of the petitioners that they are entitled to increments, indicated above, as they had already acquired the Ph.D. qualifications, before issuance of the notification dated 04.01.2016.

5.1. To our minds, much would depend on as to whether the notification dated 04.01.2016 is clarificatory in nature or not.

6. List the matter on 25.11.2021.

CM No. 24017/2020

7. At this stage, our attention has been drawn to the above-captioned application filed by the petitioners, which would have significant impact on the outcome in the writ petition.

7.1. In effect, the petitioners seek to bring on record a notification dated 20.05.2020, issued by the AICTE. Via this notification, the petitioners seek to bring to the fore the following clarification:

8. Having regard to the petitioners' claim that the above-mentioned document is a notification of AICTE itself, for the moment, the above-captioned application can be disposed of with the direction that, the said notification will now, formally, form part of the record.

8.1. It is ordered accordingly.

9. However, opportunity is given to Mr. Devesh Dubey, who appears for the AICTE, to respond to the contents of notification dated 20.05.2020, as this would have an impact on the matter, given the claim of the petitioners, as noted above, that they acquired their Ph.D. qualifications on 24.12.2015 i.e., prior to the issuance of the notification dated 04.01.2016.

9.1. To demonstrate that they indeed acquired their Ph.D. qualifications in December 2015 - the petitioners have relied upon the notification issued by the Mewar University, which is marked as Annexure CM-2 and is appended on page 16 of the above-captioned application. The petitioners' names are set forth on pages 25 and 26 of the application, at serial numbers 81 & 82.

9.2. Besides this, the petitioners have also relied upon the copies of the provisional degree certificate issued qua the Ph.D. qualifications obtained by them, which are appended to the rejoinder dated 14.12.2020, filed vis-a-vis the counter-affidavit of GNCTD, and are marked as Annexure RE-1 (Colly).

9.3. Mr. Dubey and Mrs. A