JUDGMENT :

Heard Mr. A. Zhimomi, learned counsel for the petitioner and Mr. K. Angami, learned Sr. Government Advocate for the State respondents.

2. The present petition has been filed for grant of advance increment in the time scale of pay as per the statutory rules governing recruitment and conditions of service of persons in the department of Works & Housing.

3. That the fact of the case in a nutshell is that, by the notification dated 18/06/2007, the petitioner was appointed as a Sub-Divisional Officer (C) in the department of Works & Housing. The appointment was made consequent to the recommendation made by the Nagaland Public Service Commission (NPSC). At the time of entry into service, the petitioner had a degree in Civil Engineering (BE. Civil). In the year 2011, the petitioner applied for higher study leave, and on permission being accorded the petitioner secured admission in the Indian Institute of Technology Delhi. On successful completion of the course, the petitioner was awarded the degree of Doctorate of Philosophy (Ph.D) on 04/11/2017. The subject chosen by the petitioner for the doctoral studies was “Enhancing Fly Ash Utilization In Concrete”.

4. The Nagaland Engineering Service (Group-A and Group-B) Rules, 2012 (hereinafter referred to as the Rules of 2012) governs the service in the department of Works & Housing. The Rules of 2012 was preceded by the Nagaland Engineering Service (Class-I and Class-II) Rules, 2006. Rule-13 of the Rules, 2006 and Rule-12 of the Rules, 2012 are relevant for the present case and is reproduced hereunder;

“Rule-13 of the Rules, 2006. A candidate for direct recruitment or departmental promotion should possess the academic and technical qualifications prescribed against each post in Schedule VI. For direct recruitment, the Commission shall verify recognition by University Grants Commission (UGC) and AICTE (All India Council for Technical Education) for degree and diploma respectively, for the purpose. A candidate with Post Graduate Degree on being selected through competitive examination and appointed to any grade shall be entitled to three advance increments in the time scale of his pay.”

Rule-12 of the Rules, 2012. A candidate for direct recruitment or departmental promotion shall possess the academic, technical and other qualifications prescribed against each post in the schedules from any of the University/Institutions recognized by the Central/State Government. A candidate with Post Graduate Degree on being selected through competitive examination and appointed to any grade shall be entitled to 2(two) advance increments in the time scale of his/her pay from the date of completion of the Post Graduate Degree. Simultaneously, a candidate with Doctorate Degree shall be entitled to 3(three) advance increments in the time scale of his/her pay from the date of completion of the Doctoral Degree.”

5. The rules more particularly Rule-12 of the Rules, 2012 provides that a candidate with Doctorate Degree shall be entitled to 3(three) advance increments in the time scale of his/her pay from the date of completion of the doctoral studies. It is the case of the petitioner that he completed his doctoral studies on 04/11/2017 and therefore, he is entitled to 3(three) advance increments in the time scale of his pay with effect from 04/11/2017 in terms of the Rule-12 of the Rules, 2012.

6. That the Government of Nagaland, Personnel and Administrative Reforms Department (Administrative Reforms Branch) has issued the Office Memorandum No. AR-3/Gen-2004/2009 dated 17/06/2014 on review of granting incentives to the Government employees who acquire higher qualification by availing study leave. The Office Memorandum dated 17/06/2014 is reproduced hereunder;

“OFFICE MEMORANDUM

Sub:-Review of granting incentives to the Government employees who acquire higher qualification by availing study leave

1. Presently, the State Government employees who have put in 2(two) years or more in service are granted study leave as