Advance increments for Ph.D. holders cannot be withdrawn if the degree was obtained before the critical regulatory date.

Order (Oral)

Since the facts and question of law involved being identical, I propose to dispose of these applications by this common order. For convenience, the facts in O.A.371/2022 is narrated hereinafter.

2. The applicant in O.A.371/2020 entered the service as Assistant Professor in the College of Respondent No.3 on 23.05.2000. The post of Assistant Professor was re-designated as Associate Professor with effect from 01.01.2006. The applicant acquired additional qualification of Ph.D. on 18.06.2014. Thereafter, in terms of AICTE Regulations of 2010, three non-compounded advance increments has been granted to the applicant. With effect from 01.01.2016, the applicant's pay was granted at par with the 7^th CPC recommendations. The AICTE thereafter vide notification dated 04.01.2016 clarified that non-compounded advance increments on acquiring of Ph.D./M.Phil/M.Tech. and other equivalent qualifications, while in service, wherever applicable in AICTE Regulations, 2010 shall be granted in PB-3 (Rs.15600-39100) only. It is further clarified that the advance increments for those who acquired Ph.D./M.Phil/M.Tech and other equivalent qualifications, while in service, will not be allowed in the PB-4 (Rs.37400-67000). The applicant thereafter promoted to the post of Professor on 19.08.2016 and three non-compounded advance increments were allowed on promotion to the post of Professor.

3. Despite of above, the Respondent No.3 in Spl. PTO No.08 dated 08.03.2022 notified to cease the non-compounded increments with effect from 01.01.2016 in terms of clarification of AICTE Regulation dated 04.01.2016. Thereafter, by order dated 26.03.2022, the respondents proposed to recover an amount of Rs.13,20,987/- from the applicant in 9 instalments with effect from April, 2022. The applicant has approached this Tribunal challenging the Spl. PTO dated 08.03.2022 and the Recovery Slip dated 26.03.2022. The Learned Single Member of this Tribunal by interim order dated 05.05.2022 issued notice to the respondents and granted stay to the recovery.

4. Mr.P.J. Prasadrao, learned counsel for the applicants submitted that the applicant has obtained Ph.D. Degree prior to 01.01.2016 and, therefore, his case is covered by the clarification dated 20.05.2020, in this scenario, the respondents are not justified in withdrawing three non-compounded advance increments granted to the applicant in pursuance of the AICTE Regulations of 2010.

5. Mr.R.R. Shetty, Learned Senior Counsel appearing for the respondents contested the application vehemently. He submitted that the applicant has acquired the qualification of Ph.D. on 18.06.2014, and he has been re-designated as Associate Professor in Pay Band-4 with Grade Pay of Rs.9000/- as per 6^th CPC, Ministry of Defence Order dated 10.11.2010. He submitted that the Recruitment Rules of 2016 clearly stipulates that the minimum required eligibility criteria for appointment in the post of Associate Professor and Professor is Ph.D. Although the applicant was granted with increments upon his acquiring of Ph.D. on 18.06.2014, the same could not have been granted to him in view of the subsequent clarification issued by the AICTE. In the light of the above, he submitted that no fault can be found in the impugned order and as such the respondents were justified in withdrawing the 3 non- compounded advance increments which were granted to the applicant wrongly.

6. Having considered the rival submissions of the learned counsels and having gone through the OAs, annexures enclosed with the OAs, counter affidavit filed by the respondents and the rejoinder, I find merit in the applications.

7. There is no dispute about the fact that the applicant e