LALRAMMAWII, ASSOCIATE PROFESSOR Vs. MIZORAM UNIVERSITY
LAWS(GAU)-2018-3-33
HIGH COURT OF GAUHATI
Decided on March 23,2018

Lalrammawii, Associate Professor Appellant
VERSUS
Mizoram University Respondents

JUDGEMENT

Prasanta Kumar Deka, J. - (1.) Heard Mr C.Lalramzauva, learned Senior Counsel assisted by Mr Johny L Tochhawng learned counsel appearing for the petitioners. Also heard Mr.A.R.Malhotra, learned Standing Counsel, Mizoram University.
(2.) The petitioners were initially appointed as Lecturers in various departments such as Political Science, English and Economics of Pachhunga University College, a constituent college under Mizoram University. They were placed in the Senior Scale and subsequently as Lecturer(Selection Grade) on different dates in accordance with Career Advancement Scheme (CAS) implemented by the respondents as per the notification issued by the University Grant Commission(UGC). The petitioners while serving as Lecturers(Selection Grade) were re-designated as Associate Professor in accordance with the scheme of revision of pay of teachers after the sixth Central Pay Commission vide memo dated 31.12.2008 issued by the Ministry of Human Resources Development, Department of Higher Education. Thereafter, on acquisition of degree of Ph.D., the petitioner Nos.1,2 and 3 were given the benefit of three non-compounded increments as provided under Clause 9.4(i) as per UGC Regulation of Minimum Qualification for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standard in Higher Education 2010 No. F.33-1/2009 dated 28.6.2010 and as per the resolution of 33rd Executive Council Meeting vide Resolution No. EC:33:5(29) and 35th Executive Council Meeting held on 26.7.2013 of respondent University w.e.f. the date of acquisition of their respective Ph.D. degrees. However the petitioner No. 4 has not been granted the said benefit inspite of her acquisition of Ph.D. degree on 19.1.2015 till date inspite of her application for the same. The said benefits to the petitioner Nos. 1,2 and 3 were illegally withdrawn vide order No. 4-3/Estt.i/13/2679-81 dated 28.1.2016, order No. F No. 4- 3/Estt.i/13/3913-15 dated 10.6.2016 and order No. 4-3 Estt. i/13/2682- 84 dated 28.1.2016 respectively of the petitioner Nos. 1,2 and 3. It is the contention of the petitioners that the said benefits granted to the petitioner Nos. 1 to 3 were illegally withdrawn vide aforesaid impugned orders due to misconception/misreading of resolution No. EC:42:5(14) of the 42nd Executive Council Meeting held on 31.7.2015. Accordingly being aggrieved the petitioners have come up with this writ petition for setting aside the said orders dated 28.1.2016 and 10.6.2016 and for a direction to continue with the of the non-compounded increments including that of petitioner No. 4.
(3.) Mr.Lalramzauva, learned Senior Counsel submits that the petitioners after working as Lecturers were placed as Lecturer(Senior Scale) as per the UGC guidelines/schemes in force. They were promoted to Lecturer (Selection Grade) on completion of the required length of service and other requirements. The UGC notification on Revision of Pay Scale, Minimum Qualification for Appointment of teachers in Universities etc and for the Maintenance of Standards 1998 which was communicated by the UGC to the Vice Chancellor of all the Universities and Education Secretaries vide letter No. F.3-1/94(PS) dated 24.12.1998 Clause 7 for Career Advancement stipulated as follows: "7.1.1. Minimum length of service for eligibility to move into the grade of Lecturer (Senior Scale) would be four years for those with Ph.D., five years for those with M.Phil and six years for others at the level of Lecturer, and for eligibility to move in to the Grade of Lecturer(Selection Grade)/Reader, the Minimum length of service as Lecturer(Senior Grade) shall be uniformly five years. 7.3.0 Lecturer in the Senior Scale who do not have a Ph.D. degree or equivalent published work, and who do not meet the scholarship and research standards, but fulfill the other criteria given above for the post of Reader, and have a good record in teaching and preferably, have contributed in various way such as to the corporate life of the institution, examination work, or through extension activities, will be placed in the Selection Grade, subject to the recommendation of the Selection Committee which is the same as the post of Reader. They will be designated as Lecturers in the Selection Grade. They could offer themselves for fresh assessment after obtaining Ph.D. and /or fulfilling other requirements for promotion as Reader and, if found suitable could be given the designation of Reader";


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