Whether approved for reporting?¹1 Whether reporters of Local Papers may be allowed to see the judgment?

For the petitioner(s): Mr. Adarsh K. Vashista, Advocate, for petitioner(s) in CWP Nos.7809 of 2022.

Mr. Shrawan Dogra, Senior Advocate with Mr. Tejasvi Dogra, Advocate, for the petitioner(s) in CWP Nos.12, 15, 18 and 19 of 2023.

For the respondents: Mr. Balram Sharma, Dy. SGI with Mr. Rajeev Sharma, Advocate, for the respondent-UOI.

Mr. K.D. Shreedhar, Senior Advocate with Ms. Shreya Chauhan, Advocate, for the respondent-NIT.

Jiya Lal Bhardwaj, Judge

Since common questions of law and facts are involved in all these petitions, they have been taken up for disposal together and the facts of CWP No.12 of 2023 are considered in this common judgment.

2. The facts as emerge from pleadings are that the petitioner was appointed as Lecturer with respondent No.1-Institute on 25.07.2000. All India Council for Technical Education (in short AICTE) had framed Revised Career Advancement Scheme for Teachers of Degree Level Technical Education, 2004 to govern the promotions etc. for teachers of all National Institute of Technologies (hereinafter referred as ‘NITs’). Respondent No.1 under this Career Advancement Scheme (hereinafter referred as ‘CAS’) had designated the petitioner as Lecturer (Senior Scale) and placed him in the Senior Scale of ₹10,000-15,200, w.e.f. 25.07.2005, but financial benefit was given from 01.07.2006. The petitioner was awarded Ph.D. degree on 14.08.2013.

3. It has been averred that the Government of India vide communication dated 31.12.2008, issued a scheme of revision of pay of teachers of Central Universities on the basis of recommendations of 6th Central Pay Commission, effective from 01.01.2006, and as per this, there were to be only three designations of teachers in universities and colleges, namely, Assistant Professor, Associate Professor and Professor. The pay scale of the post of Assistant Professor was fixed of ₹15600-39100 + AGP of ₹6000/-, ₹15600-39100 + AGP of ₹7000/- and ₹15600-39100 + AGP of ₹8000/-, Associate Professor was of ₹37400-67000+ AGP of ₹9000 and Professor was of ₹37400-67000+ AGP of ₹10000. The petitioner was placed as Lecturer (Senior Scale) on 25.07.2005, though he was entitled to be designated as Assistant Professor in the pay band of ₹15600-39100 + AGP of ₹7000/-, as per the communication dated 31.12.2008, which provided that Assistant Professor with complete service of four years possessing the degree of Ph.D. in the relevant discipline shall be eligible, for moving up to AGP of ₹7000/-. The petitioner was granted fitment as per the above communication dated 31.12.2008 on 03.11.2009 from 01.07.2007. However, he was still shown as Lecturer (Senior Scale), whereas his designation was to be shown as Assistant Professor. As per the CAS benefit, the teachers, on completion of requisite number of years as Assistant Professor, were entitled to be considered for promotion as Assistant Professor in AGP of ₹8000/- and since there was no timely consideration under CAS for promotion, the petitioner continuously worked on the lower post without any benefit of the promotion as provided under CAS.

4. Respondent No.2, issued communication dated 14.03.2012 clarifying therein that the benefit of CAS will not be automatically given to teachers unless there are guidelines issued in this regard by Ministry of Human Resource and Development (hereinafter referred as ‘MHRD’). Thereafter, respondent No.1 issued communication dated 18.03.2013, where under one time exemption for applying CAS was given to all the NITs with the stipulation that entire exercise was to be completed before 30.04.2013, after which there would be switching over to 4-Tire Flexible Faculty Structure. The meeting of Selection Committee, which included visitor’s nominee, MHRD nominee, subject experts etc., was fixed at IIT Delhi on 5-6th June 2013 and the Selection Committee, conducted the interview and made recommendations, which