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2019 Supreme(Gau) 906
IN THE HIGH COURT OF GAUHATI AT AIZAWL BENCH
Michael Zothankhuma, J.
Ganesh Chandra Jagetia – Appellant
Versus
Mizoram University R/B Vice Chancellor, Tanhril, Aizawl – Respondent
Writ Petition (Civil) No. 131 of 2015
Decided On : 18-10-2019
J.C. Lalnunsanga, Adv., P. Lalremruati, Adv., C. Lalthanpuii, Adv., Jonathan Lalrintluanga, Adv., A.R. Malhotra, Adv.
The main legal point established is that past service in a different institution can be counted for promotion under Career Advancement Scheme (CAS) at a new institution, as per UGC Regulation 2010.
Headnote:
Pay Fixation - Past Service Counting - CCS (revised pay) Rules, 2008 - UGC Regulation 2010 - Mizoram University - Professor Stage VI/HAG pay scale - [CCS (revised pay) Rules, 2008, UGC Regulation 2010]
Fact of the Case:
The petitioner sought arrear pay and counting of past service for promotion to HAG pay scale under Career Advancement Scheme (CAS) at Mizoram University. The petitioner had been appointed as a Professor in the Department of Zoology at Mizoram University after serving at Kasturba Medical College, Manipal University.
Finding of the Court:
The court found that the petitioner's past service in Kasturba Medical College, Manipal could be counted for promotion under CAS, as per UGC Regulation 2010. The court directed the respondents to reconsider promoting the petitioner to Professor Stage-VI/HAG pay scale, considering 5 years of service at Kasturba Medical College and 5 years at Mizoram University.
Issues: The main issue was whether the petitioner's past service at Kasturba Medical College, Manipal could be counted for promotion to Professor Stage-VI/HAG pay scale under CAS at Mizoram University.
Ratio Decidendi: The court held that the petitioner's past service in Kasturba Medical College, Manipal could be counted for promotion under CAS, as per UGC Regulation 2010. The court also emphasized the need for the authorities to provide specific reasons for their decisions, as per settled law.
Final Decision: The court allowed the writ petition, directing the respondents to reconsider promoting the petitioner to Professor Stage-VI/HAG pay scale, considering 5 years of service at Kasturba Medical College and 5 years at Mizoram University.
JUDGMENT :
Michael Zothankhuma, J.
Heard, Mr. J. C. Lalnunsanga, learned counsel for the petitioner. Also heard Mr. A.R. Malhotra, learned counsel for the respondent Nos. 1 & 2.
2. The petitioners' case in brief is that the petitioner has not been given his arrear pay as per pay fixation given in the Order dated 29.9.2011, issued by the Registrar of the Mizoram University. The second prayer of the petitioner is for a direction to the respondents to count the past service of the petitioner for promotion/entitlement of the benefits of the Professor Stage VI/Higher Academic Grade (HAG) pay scale under Career Advancement Scheme (CAS).
3. The petitioners' counsel submits that while serving as Professor in the Department of Radiology at Kasturba Medical College, Manipal University, the petitioner was offered appointment to the post of Professor in Department of Zoology in Mizoram University, hereinafter referred to as "MZU", vide letter dated 2.1.2007. The petitioners' counsel submits that as per the offer of appointment given to the petitioner, the pay of the petitioner was to be protected in the UGC scale. He submits that the petitioner was appointed in the Department of Zoology, Mizoram University vide Order dated 22.8.2007 in the pay scale of Rs. 16,400-450-20900-500-22,400 plus usual allowances as admissible under Mizoram University, w.e.f. 19.2.2007.
4. The petitioners' counsel submits that the Mizoram University thereafter issued a statement of fixation of pay under the CCS (revised pay) Rules, 2008 on 13.5.2009, which showed the petitioners' service emoluments as per the 6th pay Commission was Rs. 48,870/-, plus grade pay of Rs. 10,000/-.
5. The Mizoram University thereafter issued another statement of fixation of pay under the CCS (revised pay) Rules, 2008 on 4.8.2009, showing the petitioners' pay scale as Rs. 43,000/-, plus grade pay of Rs. 10,000/-.
6. The Registrar of the Mizoram University thereafter issued Order dated 29.9.2011 showing the re-fixation of the petitioners' pay scale as per the decision of Pay Anomaly Committee of the Mizoram University. The Order dated 29.9.2011 is reproduced below:-
“ORDER
As per decision of the Pay Anomaly Committee of Mizoram University which was approved by the 29th E.C. meeting held on 15.7.2011 vide resolution No. 29:5 (27) the pay of Prof. Ganesh Chandra Jagetia Deptt. Of Zoology is refixed at Rs. 46,050 + 10,000 = Rs. 56,050 in the PB - 4 -31,400 67,000 + AGP 10,000 as on 19.2.2007. Accordingly his pay is regulated as below
| 19.2.2007 | Rs. 46,050+10,000 = Rs. 56,050 |
| 1.7.2008 | Rs. 47,740+10,000 = Rs. 57,740 |
| 1.7.2009 | Rs. 49,480+10,000 = Rs. 59,480 |
| 1.7.2010 | Rs. 51,270+10,000 =Rs. 61,270 |
| 1.7.2011 | Rs. 53,110+10,000 = Rs 63,110 |
| DNI | 1.7.2012 |
7. During the proceedings of the present case, the petitioner has been given his arrear pay as per the pay fixation given in the order dated 29.09.2011. Accordingly, the only question that is left to be decided by this Court is with regard to the petitioner's prayer for counting his past service as Professor in Kasturba Medical College, Manipal, for the purpose of promotion to HAG pay scale under Career Advancement Scheme (CAS).
8. The petitioners' second limb of argument is with regard to the counting of his past service for the purpose of promotion to Professor stage-VI/Higher Academic Grade (HAG) pay scale.
9. The petitioner's counsel submits that the petitioner's past service as Professor in Kasturba Medical College, Manipal should be counted for promotion to Professor Stage-IV/HAG pay scale, as the petitioner's pay as Professor in Kasturba Medical College was to be/has been protected in the UGC pay scale, as can be seen from the letter dated 02.01.2007 and the appointment Order dated 22
