M.N.BHANDARI,J. - (1.) By this bunch of writ petitions, a challenge is made to the Notification dated 06.05.2002, issued by the State of Rajasthan to delete existing Rule 11 for grant of incentive in the shape of increment to Ph.D/M.Phil degree holders. It is under the Rajasthan Civil Services (Revised Pay Scales for Government College Teachers including Librarians and PTIs) Rules, 1999 (for short "the Rules of 1999").
(2.) Learned counsel for the petitioners submit that the University Grants Commission (for short "the UGC") issued Notification on Revision of Pay Scales, Minimum Qualifications for the Appointment of Teachers in Universities and Colleges and other Measures for the Maintenance of Standards, 1998 (for short "UGC Notification, 1998"). It even provides for pay scales and incentives. The Notification of 1998 is relevant for this case only for the purpose of incentives given to Ph.D and M.Phil degree holders under clause 6. It is reproduced hereunder for ready reference:- "6.0.0 Incentives For Ph.D./M.Phil. 6.1.0 Four and two advance increments will be admissible to those who hold Ph.D. and M.Phil degrees, respectively, at the time of recruitment as Lecturers. Candidates with D.Litt/D.Sc. should be given benefit on par with Ph.D. and M.Litt on par with M.Phil. 6.2.0 One increment will be admissible to those teachers with M.Phil who acquire Ph.D. within two years of recruitment. 6.3.0 A Lecturer with Ph.D. will be eligible for two advance increment when she/he moves into Selection Grade/Reader. 6.4.0 A teacher will be eligible for two advance increment as and when she/he acquires a Ph.D. degree in her/his service career."
(3.) The UGC provided advance increments to the Lecturers and Teachers who are in possession or acquired the qualification of Ph.D/M.Phil. The State of Rajasthan amended their Rules vide Notification dated 01.12.1999. It seems to be on a letter issued by the Ministry of Human Resource Development, Government of India, dated 27th July, 1998. The Ministry provided financial assistance to the extent of 80% if any University or College adopt UGC Notification 1998. 20% of the expenditure was to be borne by the State Government. The financial assistance was, however, given for the period between 01.01.1996 till 31.03.2000. The State Government took a decision to withdraw incentive and, accordingly, a Notification dated 06.05.2002 was issued to delete Rule 11 which was earlier inserted to provide incentives to Ph.D/M.Phil degree holders.;