- (1.) Civil Appeal @SLP(C) No. 225/2013 The Petitioners were appointed to the Nowboicha College in District Lakhimpur, in the State of Assam, as Lecturers in Political Science and Philosophy on 1.7.1995 (Suchitra Saikia) and 5.3.1998 (Biren Bora). Even though, the aforesaid institution came to be established in 1985, it was brought under the Deficit Grant-in-aid Scheme of the State Government, with effect from 25.3.1998.
(2.) The Petitioners claimed the pay scale of Rs. 1785-4200, which was granted to persons similarly situated as the Petitioners, working in different private institutions, which had been brought under the Deficit Grant-in-aid Scheme, even though the Petitioners were under qualified. This claim of the Petitioners was not accepted by the State Government. It is in the aforesaid circumstances, that the Petitioners approached the High Court by filing writ petitions Under Article 226 of the Constitution of India. While adjudicating upon the controversy, the High Court examined the Government Instructions dated 3.6.1997, relevant extract whereof is being reproduced hereunder: GOVERNMENT OF ASSAM EDUCATION (HIGHER) DEPTT.: DISPUR NO. B(2)H 370/96/28-A Date Dispur: 3rd June 1997 To The Director, Higher Education/Assam, Guwahati-19 Sub: Approval of appointment of under qualified Lecturers in Deficit Colleges Ref: Your Letter No. PC/HE/Col. 31/96/59, dtd. 22.1.97 With reference to the subject cited above, I am directed to say that the Government in the Education Department after careful examination, have decided to approve the services of under qualified lecturers (as per list attached herewith in the scale of pay of Rs. 1785/- (fixed) plus other allowances as admissible as per Rule w.e.f. 11.1.96 on humanitarian ground and in the interest of public service subject to the following conditions: 1) All the teachers will be entitled to enjoy the incremental benefit in the scale of pay of Rs. 1785-4200/- P.M. only after obtaining of M. Phil or Ph.D. Degree within eight years failing which their services will be terminated automatically. Yours faithfully, Sd/- (G.P. Phatowali) Joint Secy. to the Govt. of Assam Education Department A perusal of the aforesaid instructions, specially the list appended thereto, reveals, that the pay scale of Rs. 1785-4200 per month, was made available to such of the lecturers, though under qualified, but had been inducted into service prior to 15.12.1988. We were informed that State of Assam had implemented the norms for appointment of lecturers, as had been recommended by the University Grants Commission (for short 'UGC'), with effect from 15.12.1988.
(3.) While considering the claims of the Petitioners, who were admittedly under qualified lecturers, in terms of the UGC norms, the High Court arrived at the firm finding, that the Petitioners were not entitled to any benefit under the policy instructions dated 3.6.1997. Be that as it may, the High Court disposed of the writ petitions filed by the Petitioners on 3.9.2002, by inter alia observing as under: 9. It is thus clear that the regularization of the services of the writ Petitioners in all the three writ petitions at hand cannot be directed relying on the Government Circular dated 3rd June 1997, quoted hereinbefore. The dispute as to whether they are serving in Nowboicha Degree College or Nowboicha Junior College has to be settled first. The Petitioners will be entitled to get the benefit of regularization and fixed pay as has been given in the said circular if it is found that they are working in Degree College and not in the Junior college from the date when the Nowboicha Degree College has been brought under Deficit Grant in Aid. The decision in this regard has to be taken by the Respondent Authority after a thorough enquiry as to whether the writ Petitioners are working in Nowboicha Degree College, as alleged. If they are so working in the Degree College, as claimed appropriate orders will be passed by the authority giving them the benefit of the circular dated 3rd June, 1997. 10. In the result, the writ petitions are disposed of with a direction to the Respondent authorities to consider whether the writ Petitioners are working in Nowboicha Degree College, and if so, orders be passed regularizing their services at the admissible fixed pay with similar terms and conditions as has been mentioned in the Government Circular dated 3.6.1997 with effect from the date of their college is brought under the Deficit Grant-in-Aid System. The exercise in this behalf be undertaken and completed within a period of 3 months from today. It is not a matter of dispute, that the above order passed by the High Court on 3.9.2002, was not assailed by either the State of Assam, or any other party. It therefore attained finality, for all intends and purposes, between the parties.;