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IN THE HIGH COURT OF MANIPUR AT IMPHAL
M.V. Muralidaran, J.
Md. Abdul Helim Khan - Appellant
Versus
State Of Manipur & Anr. - Respondents
WP(C) No. 524 of 2021
Decided On : 10-05-2022
UGC Guidelines - Promotion Dispute - UGC Regulations, 2000 - Summary of Acts and Sections
Fact of the Case:
The petitioner, a retired Lecturer, filed a writ petition to challenge the impugned order rejecting his representation for payment of arrears. The petitioner claimed entitlement to arrears from the date of completion of two refresher courses. The respondents resisted, citing UGC guidelines and regulations.
Finding of the Court:
The Court found that the petitioner had completed four refresher courses and was eligible for placement in the Selection Grade as per UGC Regulations, 2000. The Court noted discrepancies in the dates of completion of refresher courses and directed the respondents to release the entitled arrears from the correct date.
Issues: Discrepancy in the date of completion of refresher courses, entitlement to arrears, compliance with UGC regulations
Ratio Decidendi: The Court held that the petitioner, having completed the required refresher courses, was entitled to arrears from the correct date of completion, as per UGC Regulations, 2000. The Court emphasized the finality of its previous orders and directed the respondents to rectify the anomaly and release the entitled arrears.
Final Decision: The writ petition was allowed, the impugned order was set aside, and the respondents were directed to release the entitled arrears from the correct date of completion of refresher courses within three months.
JUDGMENT
1. This writ petition has been filed by the petitioner to quash the impugned order dated 15.7.2921 issued by the Commissioner, Higher and Technical Education, Government of Manipur and to direct the respondents to release the entitled payment of arrear with effect from 27.12.2007 i.e. the date of completion of two refresher course till retirement i.e. 1.2.2017 without any undue delay.
2. Brief facts, which led to the filing of the writ petition, are as follows:
The petitioner was selected and posted as adhoc Lecturer in English at Y.K. College, Wangjing and he was placed in the senior scale of pay with effect from 24.8.1989. During the year 2008, the Principal of Lamka College, Churachandpur submitted a self-appraisal report along with documents for placement at higher grade in respect of two senior Lecturers, including the petitioner. It is averred that on 31.3.2010, the Additional Director (University and Higher Education) wrote a letter to the Commissioner (Higher Education), Government of Manipur whereby the performance appraisal and ACR for the year 1989-90 to 1993-94 along with certificates for attending two refresher courses in respect of the petitioner for placing in higher grade (Lecturer Selection Grade) for onward submission to the Manipur Public Service Commission (MPSC).
2.1. In supersession of the Government Order dated 3.6.2011 and also in consideration of the recommendation of the Government of India, the Commissioner (Higher Education) issued an order dated 12.8.2011 according sanction to the revision of scales of pay of different categories of the College Teachers. In the said order, the post of Lecturer (SG)/Reader/College Librarian (SG)/Physical Education Lecturer (SG) in the pay band of Rs.1200-420-18300 in the existing scale of pay under ROP 1999 has been re-designated as Associate Professor/College Librarian (SG)/College DPE (SC) on completion of 3 years in the AGP of Rs.8000 and fulfilling the other UGC conditions with revised pay band in PB-4: Rs.37400-67000+AGP 9000/-.
2.2. The petitioner is very much qualified and entitled to be promoted to the post of Lecturer (SG) now re-designated as Associate Professor, but has been arbitrarily placed in the lower post of Lecturer (SS) now re-designated as Assistant Professor in the pay band of PB-3: Rs.15600-39100+GP 7000/-, which was evident from the pay slip dated 17.6.2016.
2.3. On 21.2.2017, the Deputy Secretary (Higher and Technical Education) issued an order whereby the petitioner along with nine others retired from service upon attaining the age of superannuation on 28.2.2017 wherein the post of the petitioner has been shown as Associate professor and all these while, he was made to serve as Assistant Professor in the lower pay band while the pay scale of Associate Professor is much higher than what the petitioner was receiving. The petitioner is very much entitled for higher scale of pay of Rs.37400-67000+AGP 9000/- in the pay band of Associate Professor way back from 24.8.1997.
2.4. The application of the petitioner to issue last pay certificate was forwarded by the Principal, Modern College, Imphal to the Treasury Officer, Imphal East on 6.4.2017. The Senior Accounts Officer of the office of the Accountant General in his letter dated 31.7.2017 addressed to the Principal, Modern College, the designation of the petitioner has been stated as Associate Professor (Retd.).
2.5. On 29.1.2018, the petitioner submitted a representation seeking to expedite the entire process for payment of the entire back wages, arrear and pensionary benefits for the post of Associate Professor, as he is entitled to receive pensionary benefits as well as other monetary benefits for the post of Associate Professor without any further delay. Since the respondents failed to process the retiral/pensionary benefits, the petitioner filed W.P.(C) No.141 of 2018 before this Court and by the order dated 20.02.2018, the said writ petition was disposed of by directing the respondents to c
The main legal point established is the entitlement of the petitioner to arrears from the correct date of completion of refresher courses as per UGC Regulations, 2000, and the finality of court order....
Point of Law : Term “are exempted” used in the notification itself suggest that the benefits thereof would be applicable to the incumbents with requisite M.Phil degree serving as Lecturers though wit....
The cancellation of a senior scale and selection grade after significant delay and without prior communication of adverse remarks violates principles of natural justice.
Point of Law : Where range of discretion with authorities have been cut down to such an extent that only one decision is possible, Court may specifically direct authority to act in a particular manne....
The court affirmed that administrative actions must be taken within a reasonable time frame, and the cancellation of a long-standing appointment based on flawed reasoning is unjustified.
The denial of UGC scale of pay from the date of regularization based on unjust conditions is discriminatory, violating equal treatment under Article 14.
Administrative orders affecting service rights must be speaking, addressing claimant's specific grounds and affording hearing before rejection.
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