The main legal point established in the judgment is that the denial of increments based on the timing of acquiring research qualifications was discriminatory and violative of Article 14 of the Constitution.

Ashutosh Mohunta, J.

1. The petitioner has prayed that the respondents be directed to release three advance increments from the date of acquiring Ph. D. qualification and also to quash that part of circular Annexures P-3 and P-4, which denies such a benefit to the petitioner.

2. Learned counsel for the petitioner has submitted that the pay scale of the teachers in Universities and Colleges were revised w.e.f. January 1, 1986 by the Govt. of India on the recommendations of the University Grants Commission (Annexure P-3), which were also adopted by the Govt. of Haryana vide letter dated March 8, 1989 (Annexure P-4). In view of the said circulars, lecturers who possess research degrees i.e. Ph.D. or M. Phil. qualification at the time of recruitment on or after January 1, 1986 were entitled to three or one advance increment respectively. Whereas those lecturers who improved their qualifications before or after January 1, 1986, while in service were not entitled to such benefit. The relevant part of the circular is as under :-

"In order to encourage research in continuation of post graduate studies, candidates who at the time of their regular appointment as lecturers possess Ph.D. or M. Phil. degree will be sanctioned three and one advance increments respectively in the scale of Rs. 2200-4000 along with one benefit and corresponding years of service for the purpose of promotion. The individuals shall have the benefit of weightage only once. The existing lecturers without research degrees and those similarly situate recruited in future will be eligible for similar benefit in service for the purpose of promotion as and when they acquire research degrees, but will not be eligible for advance increments. Existing lecturers with research degrees will also be eligible for a similar benefit."

3. The petitioner was appointed as a regular lecturer in college cadre in the Haryana State in the year 1971 and was sent on deputation to the Chandigarh Administration to serve in Govt. College in Sector-11, Chandigarh in the year 1973 and since then she has been working as such. At the time of her appointment as lecturer in 1971, she was post graduate in Hindi and Sanskrit. Thereafter, while in service, she improved her qualification and obtained degree of Ph.D. in the faculty of language (Hindi) from Punjab University, Chandigarh in the year 1990 (Annexure P-2). The fact that she had improved her qualification was duly communicated to the concerned authorities (Annexure P- 1).

4. Haryana College Ph. D. Teachers Association approached the Haryana Govt. on October 11, 1991 (Annexure P-6) for release of benefit of advance increments for the teachers from the date of acquiring Ph.D. or M.Phil. qualification. The petitioner also made written requests on March 15, 1993, but failed to get the requisite relief, which resulted in filing of C.W.P. No. 299 of 1995, which was allowed by the Division Bench on September 13, 1996. The aforesaid orders of the Division Bench were challenged by the State of Haryana and University Grants Commission through separate S.L.P. No. 403 of 1997 and S.L.P. No. 3430 of 1997 respectively. The Honble Supreme Court of India granted Special Leave in both the appeals and the judgment of the Honble High Court was set aside and the following orders were passed on August 29, 1997 :-

"ORDER : Special Leave granted in both the appeals.

These appeals are directed against the judgment of the High Court of Punjab and Haryana dated September 13, 1996 whereby C.W.P. No.299 of 1995 filed by Dr. Nirmala Mittal, respondent No. 1 in both the appeals, has been allowed. It has been held that the benefit of the Circular of the Government of India Dated July 22, 1988 which provides for giving three advance increments to persons possessing Ph.D. degree and one advance increment to persons possessing M.Phil. degree at the time of appointment as lecturer should be extended to existing lecturers who have obtained or obtain the said qualificati