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2023 Supreme(HP) 577
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Jyotsna Rewal Dua, J.
Punam Chauhan & Anr. - Petitioners
Vs.
State of H.P. & Anr. - Respondents
CWP No. 1251 of 2023
Decided On : 22-08-2023
For the Petitioner:Mr. Neeraj Sharma and Mr. Hemant Kumar Thakur, Advocates.
For the Respondents:Mr. Anup Rattan, Advocate General with Mr. Rajat Chauhan, Law Officer.
The completion of orientation and refresher courses during contractual services should be considered for granting Career Advancement Scheme benefits, especially when the courses' nature, profile, duration, and subjects remained the same, and there are exemptions for teachers holding Ph.D degrees.
Headnote:
Career Advancement Scheme - Contractual Services - Academic Performance Indicators (API) based Appraisal System - Regulations 2012 - Orientation Programme - Refresher Course - UGC exemption - Career Advancement Scheme benefits - [English and Political Science] - [Appendix-III Table-III of the notification] - The court discussed the Career Advancement Scheme benefits and the requirement of undertaking one orientation and one refresher/research methodology course of 2/3 weeks duration as per the Regulations 2012. The court highlighted the UGC exemption for teachers holding Ph.D degrees and the State Government's decision to count orientation course undertaken during contractual service. The court emphasized that the nature, course profile, duration & subjects of the courses remain the same irrespective of the fact whether the courses are undertaken during contractual or regular service, and allowed the petitioners' claim for Career Advancement Scheme benefits based on their completion of the courses during their contractual services.
Fact of the Case:
The petitioners, Assistant Professors in English and Political Science, completed orientation and refresher courses during their contractual services. The respondents denied them the benefits of Career Advancement Scheme post-regularization due to not undertaking the courses again. The petitioners sought a writ to consider the courses done during their contractual service for the purpose of granting Career Advancement Scheme benefits.
Finding of the Court:
The court found that the petitioners had completed the required courses during their contractual services and that directing them to undergo the same courses again after regularization served no purpose. The court emphasized that the Career Advancement Scheme did not stipulate that the courses undertaken during the contractual service are not to be considered. The court allowed the petition and directed the respondents to grant the Career Advancement Scheme benefits to the petitioners from due dates along with all consequential benefits.
Issues: The main issue was whether the petitioners should be granted the benefits of Career Advancement Scheme based on their completion of orientation and refresher courses during their contractual services, despite not undertaking the courses again post-regularization.
Ratio Decidendi: The court held that the petitioners should be granted the benefits of Career Advancement Scheme as there was no justification to deny them based on not undergoing the same courses after regularization, especially when the courses' nature, profile, duration, and subjects remained the same. The court also highlighted the UGC exemption for teachers holding Ph.D degrees and the State Government's decision to count orientation course undertaken during contractual service.
Final Decision: The court allowed the petition and directed the respondents to grant the Career Advancement Scheme benefits to the petitioners from due dates along with all consequential benefits, subject to fulfillment of other requisite conditions.
JUDGMENT :
Jyotsna Rewal Dua, J.
The petitioners are not being granted the benefits of Career Advancement Scheme by the respondents on the ground that they have not undertaken Orientation Course and Refresher Course after regularization of their services, whereas according to the petitioners they have already attended and completed these courses during the period of their contractual services, hence, are not required to undertake the same courses again post their regularization.
2. Facts
2(i) Petitioners were engaged on contract basis as Assistant Professors (College Cadre) in the subjects of English and Political Science respectively. Petitioner No.1 was engaged on 07.09.2009 and petitioner No.2 was engaged on 17.04.2010.
2(ii) Petitioner No.1 attended the Orientation Programme/Course from 31.05.2010 to 26.06.2010 and Refresher Course w.e.f. 30.05.2011 to 18.06.2011. Petitioner No.2 attended the Orientation Programme from 11.11.2013 to 06.12.2013 and Refresher Course w.e.f. 02.04.2012 to 27.04.2012.
2(iii) The respondents issued a notification on 17.03.2012 regarding adoption of Academic Performance Indicators (API) based Appraisal System (PBAS) for promotions of Teachers and other equivalent cadres of Government Degree Colleges, Government Sanskrit Colleges and Librarians (College Cadre) under Cadre Advancement Scheme. The notification was in suppression of earlier notification dated 07.05.1999 as amended from time to time. In terms of notification dated 17.03.2012 (Annexure P-3), the Himachal Pradesh Higher Education Department (Minimum Qualifications for Promotions of Teachers and other equivalent cadres and Librarians (college cadre) of Government Degree Colleges, Government Sanskrit Colleges and other measures for the Maintenance of Standards) Regulations, 2012 came into force with immediate effect.
2(iv) Appendix-III Table-III of the notification provided Minimum Academic Performance and service requirements performance for promotion of Teachers in Colleges. The parameters prescribed for the post of Assistant Professor for promotion from Stage-1 to Stage-2 in the appendix of the notification dated 17.03.2012 are as under:-
| Sr. No | Promotion of Teaching through CAs | Service requirement | Minimum Academic performance requirements and screening/selection criteria
|
| 1. | Assistant Professor/equivalent cadres from stage 1 to stage 2 | Assistant professor in stage 1 and completed four years of service with Ph.D or five years of service who are with M.Phil/PG Degree in Professional Course such as LLM,M.Tech. or six years or service who are without Ph.d/M.Phill/PG Degree in Professional course. | (i) Minimum API scores using PBAS scoring proforma developed by the Department of Higher Education as per the norms provided in table if (b) of Appendix III. (ii) One orientation and one refresher research Methodology course of 2/3 weeks duration. (iii) Screening such verification process for recognition promotion.
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One of the conditions prescribed in the above extracted tabulation for being eligible to be considered for the grant of benefit of Career Advancement Scheme is that the incumbent must satisfy requirement of having undergone one orientation and one refresher/research methodology course of 2/3 weeks duration.
2(v) Petitioner No.1 completed his Ph.D degree in English and his services were regularized as Assistant Professor (English) in the pay-scale of Rs.15,600-39,100 + 6,000 Grade Pay on 20.08.2015. Petitioner No.2 also completed his Ph.D degree. His services were also regularized as Assistant Professor (Political Science) on 10.05.2016. Both the petitioners have not been conferred the benefits of Career Advancement Scheme notified on 17.03.2012 on account of the fact that they have not undergone the Orientation Programme and Refresher Course post their regularization. Aggrieved, the petitioners have preferred the instant petition, claiming following substanti
