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2018 Supreme(Gau) 1005

IN THE HIGH COURT OF GAUHATI AT AIZAWL BENCH
SONGKHUPCHUNG SERTO, NELSON SAILO, JJ.
Lalrammawii - Appellant
Vs.
Mizoram University - Respondent
W.A. No. 3 of 2018
Decided On : 17-09-2018

Advocates Appeared:
C. Lalramzauva, Adv., Jonathan L Sailo, Adv., Zodinsanga, Adv., Hmingthangziki Dochhil, Adv., Varlalhriatpuii, Adv., Varlathriati, Adv., Lalramhlura, Adv., Mary Lalaumpuii, Adv., Emily L Chhangte, Adv., A.R. Malhotra, Adv.

Headnote:

Constitution of India 1950 - Section-26 - Quash and set aside the orders – Increments granted earlier for having acquired - Minimum length of service for eligibility - Four appellants who were working as Lecturers University College were placed as Lecturers as per UGC guideline scheme provided under Notification on Revision of Pay Scales Minimum Qualifications for Appointment of Teachers in Universities and Colleges and Other measures for the Maintenance of Standard guidelines provided –Held, Teaching staffs entered into the post for which degree not minimum essential qualification - As already discussed in first issue for entry into the post Associate Professor through promotion degree is not essential qualification but it is essential qualification only for direct recruitment - Appellants belongs category therefore do not come under prohibitive side of resolution - In other words case of appellants has nothing to do with resolution of Executive Council Meeting of University - As such though we agree with proposition of law submitted by Court must say that same is not applicable case – Appeal allowed

JUDGMENT :

Serto, J.

Heard Mr. C. Lalramzauva, learned Senior counsel assisted by Mr. H.Zodinsanga appearing for the appellants. Also heard Mr. A.R. Malhotra, learned counsel appearing for the respondents.

2. This is an appeal directed against the judgment and order dated 23/3/2018, passed by the learned Single Judge in W.P.(C) 203/2016, wherein the prayer of the appellants (petitioners in the writ petition) i.e. to quash and set aside the orders dated 28/1/2016, and dated 10/6/2016, whereby the pay of the appellants No. 1, 2 and 3 were re-fixed by withdrawing the three non- compounded increments granted earlier for having acquired Ph.D in respective subjects was rejected.

3. The four appellants who were working as Lecturers at Pachhunga University College Aizawl were placed as Lecturers (Senior Scale) as per the UGC guidelines/scheme provided under UGC Notification on Revision of Pay Scales, Minimum Qualifications for Appointment of Teachers in Universities and Colleges and Other measures for the Maintenance of Standards, 1998. Clause-7 of the guidelines provided as follows;

"7.1.1 Minimum length of service for eligibility to move into the grade of Lecturer (Senior scale) would be four years for those with Ph.D, five years for those with M. Phil and six years for others at the level of lecturer, and for eligibility to move into the Grade of Lecturer (Selection Grade)/Reader, the minimum length of service as Lecturer (Senior Grade) shall be uniformly five years."

7.3.0. Lecturers in Senior SCALE who do not have a Ph.D degree or equivalent published work, and who do not meet the scholarship and research standards, but fulfil the other criteria given above for the post of reader, and have a good record in teaching and preferably, have contributed in various ways such as to the corporate life of the institution, examination work, or through extension activities, will be placed in the Selection Grade, subject to the recommendation of the Selection Committee which is the same as the post of Reader. They will be designated as lecturers in the Selection Grade. They could offer themselves for fresh assessment after obtaining Ph.D and/or fulfilling other requirements for promotion as Reader and, if found suitable, could be given the designation of Reader."

4. Thereafter, they were placed to the next higher level i.e. Lecturer (Selection Grade) in pursuance of the provision of the same Notification given above. The appellant No.1 was placed as Lecturer (Selection Grade) in the Political Science Department, under the Career Advancement Scheme in the scale of pay of Rs. 12,000-18,300/- plus usual allowance admissible under the rules w.e.f.1/6/1997, on the recommendation of the Selection Committee and in pursuance of the Executive Council Resolution No.EC/104/99/6/1/(i) dated 26/10/1999, and vide order No.F.15-63/Estt-II/86-2907, dated 29/11/1999. The appellant No. 2 was also placed as Lecturer (Selection Grade) in the Department of English under the same scheme w.e.f.11/7/1997, in the same scale of pay and allowance as given to the appellant No.1 on the recommendation of the selection Committee and with the approval of the Executive Council, vide its resolution No.EC:9:4(1) passed in its Meeting held on 30/11/2005 to 1/12/2005, and vide Order No.10-4/Estt.I/05/20513-18 dated 15/2/2006. In the same manner, the appellant No.3 was also placed at the level of Lecturer (Selection Grade) in the Department of Economics, under the same scheme w.e.f. 28/7/2003 and in the same scale and allowance as given to the other two appellants on the recommendation of the Selection Committee and with the approval of the Executive Council, vide its resolution No.EC:9:4(1) passed in its Meeting held on 30/11/2005 to 1/12/2005, and vide Order No.10-4/Estt.I/05/20519-24, dated 15/2/2006. The appellant No.4 who was a Lecturer in the Department of English was also pla





































































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