Lecturers appointed before January 1, 1996 are entitled to selection grade benefits without needing a Master’s degree, ensuring equal treatment in service matters.

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 dated 10 April 1992. Subsequently, in compliance with the judgment of a Division Bench of this Court in GNCTD v. Usha Anand , 2011 SCC OnLine Del 1661, the date of regularisation was antedated to 12 December 1988, i.e. from the date on which the respondent was appointed as Lecturer on ad hoc basis.

5. On 20 September 1989, a Circular was issued by the All India Council for Technical Education [“AICTE” hereinafter], whereunder lecturers were entitled to be granted Senior Scale on the completion of eight years and Selection Grade on the completion of another eight years, subject to suitability. By a subsequent Circular dated 10 September 1993, it was clarified that lecturers who were recruited prior to 20 September 1989 were exempted from the requirement of satisfying the revised qualifications. These circulars were accepted and implemented by the petitioner-GNCTD [Government of National Capital Territory of Delhi] vide orders dated 8 January 1997 and 25 November 1997. This has come to be known as the Career Advancement Scheme [CAS].

6. In accordance with these circulars, the respondent was granted Senior Scale with effect from 28 May 1998.

7. On 30 December 1999, the AICTE brough out another circular, by which Lecturers were entitled to Senior Scale on completion of six years and Selection Grade on completion of another five years from the date of regularisation. This circular was accepted by the GNCTD by a Cabinet decision dated 23 September 2003 and a subsequent order dated 12 December 2003. The circular further provided that the candidates were required to possess a Master’s degree and have consistently satisfactory APARs [Annual Performance and Appraisal Reports]. The grant of Senior Scale or Selection Grade was subject to the recommendation of the Selection Committee.

8. On 10 September 2003, the AICTE issued several clarifications. Of these, Clarification No. 10 reads thus:

“Item No. 10: Anomaly in AICTE recommended pay scales for teachers of diploma level technical institutions (polytechnics):

Decision taken

The committee had discussed the issue at length and it was decided that the teachers who have been recruited prior to 1.1.1996, should be governed by the existing Recruitment Rules (RR's). So, th