AWDHESH KUMAR MISHRA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) The Appellant was inducted into the employment of the parent Human Resource Development Department, of the Government of Sikkim, as a Graduate Teacher. On the completion of ten years of continuous service as a Graduate Teacher, he was allowed to draw salary in the advancement grade/scale of Rs. 7000-225-11500, with effect from 22.01.1997. It is not a matter of dispute, that the afore-stated scale of Rs. 7000-225-11500, is that of the post of Post Graduate Teacher. The right to be placed in an advancement grade, is provided for to Government employees, under the Sikkim Government Services (Advancement Grade) Rules, 1999 (hereinafter referred to as the '1999 Rules'). The procedure for grant of advancement grade is delineated in Rule 6 of the 1999 Rules, which is being extracted hereunder:

(2.) The solitary contention advanced by the learned Counsel for the Appellant was, that during his tenure as Graduate Teacher, the Appellant did not earn a single promotion, and as such, became eligible for being considered for the grant of advancement grade. According to the learned Counsel, advancement grade, is to be determined with reference to the post for which the concerned employee is eligible. Insofar as the instant aspect of the matter is concerned, learned Counsel for the Appellant placed reliance on the Education Department (Principals of the Senior Secondary Schools and Headmasters of the Secondary Schools) Recruitment rules, 1992 (hereinafter referred to as the 'Recruitment Rules). The afore-stated Recruitment Rules, provide for the methods of recruitment to the post of Principals, Senior Secondary Schools, as also, the post of Headmasters/Headmistress, Secondary Schools. It is the contention of the learned Counsel for the Appellant, that the Appellant was eligible for the post of Principal, Senior Secondary School, and as such, should have been granted advancement grade in the grade/scale provided for the post of Principal, Senior Secondary School. Insofar as the instant aspect of the matter is concerned, learned Counsel for the Appellant has invited our attention to the Schedule appended to the 'Recruitment Rules' with reference to the post of Principal, Senior Secondary School. A relevant extract of the aforesaid Schedule has been reproduced hereunder:

(3.) We have given our thoughtful consideration to the solitary contention advanced at the behest of the Appellant. The validity of the claim of the Appellant would be determined with reference to Rule 6 of the '1999 Rules', which delineate the procedure for grant of advancement grade. Rule 6(5) provides, that advancement grade would be granted with reference to the post, to which a government employee "...is eligible to be promoted as per the relevant recruitment rules". The question to be determined is, whether the Appellant was/is eligible for promotion to the post of Principal, Senior Secondary School under the Recruitment Rules If the answer to the above, is in the affirmative, his claim would be justified. Despite the fact, that Appellant fulfills the educational qualification prescribed for the post of Principal, Senior Secondary School, we are satisfied, that it would not be correct to conclude, that he "... is eligible to be promoted as Principal, Senior Secondary School, as per the relevant recruitment rules". We say so because, as per the Schedule appended to the Recruitment Rules, the Appellant does not belong to the feeder cadre, out of which appointments can be made by promotion, to the post of Principals, Senior Secondary Schools. The Appellant, does not possess the postulated experience, prescribed for such promotion in the Schedule appended to the Recruitment Rules. In this behalf, it would be pertinent to mention, that Column 11 of the Schedule provides, that promotion to the post of Principal, Senior Secondary School, can be made from Headmasters of Secondary Schools with 15 years service, and also from Post-Graduate Teachers with B. Ed., and 7 years regular service. The Appellant has never held the post of Headmaster, or the post of Post Graduate Teacher, nor does he possess the experience of service postulated (15 years as Head Master of a Secondary School, or 7 years as Post Graduate Teacher). The Appellant therefore, cannot be considered to be "...eligible to be promoted as per the relevant recruitment rules" to the post of Principal, Senior Secondary School. Thus viewed, we are satisfied that the Appellant does not qualify for being allowed advancement grade, under Rule 6(5) of the 1999 Rules in the grade of the post of Principal, Senior Secondary School. It would be relevant to mention, that the learned Counsel for the Appellant placed reliance on the judgments rendered by this Court in Bharat Sanchar Nigam Limited v. R. Santhakumari Velusamy, 2011 9 SCC 510, and Hukum Chand Gupta v. Director General, Indian Council of Agricultural Research, 2012 12 SCC 666. The provisions and the terms and conditions for grant of advancement grade in the judgments relied on being dissimilar to the rules which are prevalent for eligibility for grant of advancement grade in the case in hand, we are of the considered view, that none of the aforesaid judgments can be of any assistance to the Appellant, for the claim raised.