- (1.) CM No. 172/2008. For the reasons stated, the application is allowed and six days' delay in filing the appeal is condoned. LPA No. 38/2008. The present appeal under Clause X of the Letters Patent Act is directed against the judgment of learned single Judge dated 3.10.2007. 1. The short question involved in the present appeal is regarding denial of benefit of three advance increments for possessing and acquiring Ph.D. degree during government service as Lecturer in the Education Department Haryana vis-a-vis grant of the same to candidates who possess the said qualification before their joining government service, on the strength of interpretation of relevant clauses in the instructions dated 22.7.1988 (Annexure P-3), as adopted vide instructions dated 8.3.1989 (Annexure P-4) by Government of Haryana.
(2.) The facts in brief are that the respondent petitioner possessing post graduate qualification in Hindi and Sanskrit was appointed as a regular Lecturer in Haryana State College cadre in the year 1971. She was sent on deputation to Government College, Sector 11, Chandigarh in the year 1973. She obtained Ph.D degree in the year 1990. The pay scales of teachers in the Colleges and Universities in the State of Haryana were revised by the State government vide its notification dated 8.3.1989 (Annexure P-4) on the basis of recommendations dated 22.7.1988 (Annexure P-3) made by the University Grants Commission (for short UGC), which was duly adopted by the State of Haryana. The respondent-petitioner has claimed that on account of acquiring Ph.D. qualification in the year 1990 she was entitled to the award of three advance increments on the basis of relevant provisions/clauses of Annexure P-3 and Annexure P-4,which for ready reference are reproduced as under :- "In order to encourage research, in continuation of Post Graduate Studies, candidates who, at the time of their regular appointment as Lecturers possess Ph.D or M.Phil degree will be sanctioned three and one advance increments respectively in the scale of Rs. 2200/4000 alongwith the benefit of corresponding years of service for the purpose of promotion. The individual shall have the benefit of weightage only once. The existing lecturers without research degrees, and those similarly situated recruited in future will be eligible for a similar benefit of service for the purpose of promotion as and when they acquire research degree, but will not be a eligible for advance increments. Existing lecturers with research degree will also be eligible for a similar benefit."
(3.) The petitioner at the time of her regular appointment as Lecturer did not possess Ph.D or M.Phil degree, therefore, she was not granted the advance increments being not covered under the relevant clause of the instructions. Accordingly, the petitioner filed CWP No. 299 of 1995, which was allowed by a Division Bench of this Court vide order dated 13.9.1996. Special Leave Petition (Civil) No. 3430 of 1997 against the order dated 13.9.1996 was filed and the Hon'ble Supreme Court vide its order dated 29.8.1997 allowed the appeal, set aside the order passed by the High Court and remanded the case back for consideration regarding validity of relevant clause of the circulars Annexures P-3 and P-4. The learned single Judge vide his impugned judgment dated 3.10.2007 has allowed the civil writ petition filed by the respondent- petitioner. Circular letters Annexures P-3 and P-4 whereby the Lecturers have been held to be dis-entitled to the grant of three or one advance increments on improving their qualifications by acquiring Ph.D or M.Phil degrees during service has been declared illegal and thus struck down to that extent. It was held that the respondent/petitioner is entitled to grant of three increments although she had acquired her Ph.D qualification being in service from the date of her acquiring Ph.D degree alongwith arrears.;