The denial of UGC scale of pay from the date of regularization based on unjust conditions is discriminatory, violating equal treatment under Article 14.

JUDGMENT AND ORDER (ORAL)

Heard Mr. S.K. Das, learned counsel for the petitioner and also heard Mr. D. Upamanyu, learned standing counsel, Higher Education Department, appearing for the respondents.

2. In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the order dated 08.02.2017, passed by the Commissioner and Secretary, Education (Higher) Department (Annexure-XIII) and also prayed for issuing direction to the respondent authorities to fix UGC scale of pay with effect from the date of his regularization i.e. 12.11.1993 instead of August, 2009 at Anandaram Dhekial Phookan College, Nagaon, with all benefits of UGC pay scales with arrear pay retrospectively.

Background Facts:-

3. The background facts, leading to filing of the present writ petition are briefly stated as under:-

“The petitioner, namely, Md. Ohiduz Zaman was appointed as Lecturer in Anandaram Dhekial Phukan College, Nagaon (A.D.P. College for short), in the department of Hindi in the year 1985. Due to non- regularization of his service by the respondent authorities he preferred one writ petition, being Civil Rule No.304/1988 and pursuant to the order being passed in the aforementioned civil rule, dated 06.01.1993, the service of the petitioner was regularized w.e.f. 12.11.1993, pursuant to the letter No.B(2).H.704/92/14, dated 06.11.1993 and subsequent letter issued by the Joint Director of Higher Education, Kahilipara, Assam, vide Memo No.G(A)AC.47/86/Pt/355- A, dated 12.11.1993 with the condition to complete M.Phil or Ph.D degree, even though the petitioner is a Master degree holder in Hindi with 52.90% and at the relevant point of time, cut off mark for grant of UGC scale was 52% only. The petitioner then completed his M.Phil degree and thereafter, he was granted UGC scale from August, 2009 instead of his date of regularization i.e. 12.11.1993, though the UGC scale of pay was granted to some of the similarly situated persons from the date of their joining. Thereafter, the petitioner has filed one representation, dated 25.10.2011, raising his grievance and demanding relief, through proper channel, and the same was forwarded to the respondent No.1, but, the same failed to evoke any response for years together. Then, being aggrieved, the petitioner had filed another writ petition, being WP(C) No.1716/2014 and the same was disposed of vide order dated 09.05.2014 with the direction to the Commissioner and Secretary, Higher Education Department to dispose of the representation dated 25.10.2011, within six weeks. Thereafter also, the Commissioner and Secretary set over the matter and thereby, compelling the petitioner to approach this Court again by filing Contempt (Civil) Case No.624/2014, against the Commissioner & Secretary, Higher Education Department for non- compliance of the direction issued by this Court. Thereafter, the Commissioner and Secretary had passed the order dated 08.02.2017, rejecting the claim of the petitioner and based on the said order, the contempt case was closed and this order dated 08.02.2017 (Annexure-XIII), is being challenged before this Court in the present writ petition being the same discriminatory and arbitrary for granting the UGC scale of pay on pick and choose basis and depriving the petitioner from the benefit of UGC scale of pay with effect from his date of regularization i.e. 12.11.1993, when similarly situated persons were granted UGC pay scale from the date of their joining.”

4. The respondent No.1 had filed one affidavit bringing on record the information received from the Director of Higher Education, Assam, vide letter No.DHE/PA/Misc/1/2023/206, dated 16.02.2024.

5. The respondent No.3 had also filed affidavit-in- opposition, wherein a stand has been taken that the service of the petitioner was regularized w.e.f. 12.11.1993 on the following condition, that –

(a) Md. Ohiduz Zaman is allowed to draw the UGC scale of pay of Rs.2200-4000/- p.m. plus other allowances as admissible under rules a