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IN THE HIGH COURT OF DELHI AT NEW DELHI
GOVERNMENT OF NCT OF DELHI & ORS. – Appellant
Versus
INDER JIT DUA – Respondent
JUDGMENT :
C. HARI SHANKAR, J.
W.P. (C) 2339/2025, W.P. (C) 2340/2025 & W.P. (C) 2347/2025
1. These writ petitions emanate from a judgment dated 19 February 2024 passed by the Central Administrative Tribunal [“the Tribunal” hereinafter] in three original applications. The Tribunal has treated OA 3058/2016, filed by Satish Bihari Mathur, the respondent in WP (C) 2340/2025, as the lead case. We also, therefore, would be referring to the facts apropos Satish Bihari Mathur.
2. The reference to the “respondent” would, therefore, be a reference to Satish Bihari Mathur.
3. The respondent was appointed as Drawing Instructor with the Directorate of Training and Technical Education [“DTTE” hereinafter]. Following the recommendations of a committee known as the Madan Committee, 87 posts of Junior Lecturer, Senior Drawing Instructor and Demonstrator among others, in the DTTE, were abolished and an equal number of posts of Lecturers and Officers were created. Of these, 63 posts were of Lecturer in the pay scale of Rs. 2200-4000. On 12 December 1988, the respondent was upgraded as Lecturer on ad hoc basis.
4. The respondent was regularised in the post of Lecturer with effect from 28 May 1990 by order
Lecturers appointed before January 1, 1996 are entitled to selection grade benefits without needing a Master’s degree, ensuring equal treatment in service matters.
The court established that changes in qualification requirements for promotion are valid and can affect an employee's eligibility for upgradation.
The respondent is entitled to Career Advancement Scheme benefits based on her prior service in accordance with AICTE guidelines, as her qualifications were deemed sufficient.
The AICTE's clarifications dictate promotion qualifications; retrospective qualifications cannot be enforced by the State, ensuring rights of consistently employed individuals are protected.
The Career Advancement Scheme (CAS) is not applicable to the College of Accountancy and Management Studies (CAMS) due to its distinct staffing structure, and eligibility for promotion under the CAS r....
Public orders made by public authorities are meant to have public effect and are intended to affect the actings and conduct of those to whom they are addressed and must be construed objectively with ....
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