Dr.A.K.Singh v. Indian Council of Agricultural Research

HIGH COURT OF CHHATTISGARH AT BILASPUR Writ PetitionNo. 254 of 2002 PETITIONER : Dr.A.K.Singh. VERSUS RESPONDENTS : Indian Council of Agricultural Research & Others. ALONGWITH W.P. No. 306/2002, 305/2002, 307/2002, 308/2002, 311/2002, 443/2002, 448/2002, 449/2002, 450/2002, 543/2002, 544/2002, 545/2002, 554/2002, 555/2002, 556/2002, 557/2002, 558/2002, 564/2002, 565/2002, 660/2002, 903/2002, 2771/2002, 315/2003, 638/2003, 949/2003, 950/2003, 951/2003, 1003/2003, 1124/2003, 1125/2003, 1155/2003and3055/2003. Post for pronouncement ofjudgment on ... J.C. ..day ofNovember, 2009. Sd/- Satish K. Agnihotri Judge HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition No. 254 of 2002 PETITIONER : Dr. A.K.Singh. VERSUS RESPONDENTS : Indian Council of Agricultural Research & Others. ALONGWITH W.P. No. 306/2002, 305/2002, 307/2002, 308/2002, 311/2002, 443/2002, 448/2002, 449/2002, 450/2002, 543/2002, 544/2002, 545/2002, 554/2002, 555/2002, 556/2002, 557/2002, 558/2002, 564/2002, 565/2002, 660/2002, 903/2002, 2771/2002, 315/2003, 638/2003, 949/2003, 950/2003, 951/2003, 1003/2003, 1124/2003, 1125/2003, 1155/2003and305572003. Present: Shri Neelabh Dubey, Advocate for the petitioner. Shri Alok Bakshi^ Advocate on behalfofShri A.S.Gaharwar, Advocate for the Indian Council ofAgricultural Research. Shri Manindra Shrivastava, Senior Advocate with Shri Amit Verma, Advocate for the respondent- Indira Gandhi Krishi Vishwavidyalaya. Smt. Fouzia Mirza, Assistant Solicitor General for the Union oflndia. Shri M.P.S.Bhatia, Deputy Govemment Advocate for the State ofC.G. WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA SB: Hon'ble Shri Satish K, Agnihotri, J, JUDGMENT (Passed on ...../.O... day ofNovember, 2009) .-^.

1. Challenge this batch of petitions is to the order dated 6th December, 2000 (Annexure P/9 to W.P. No. 254/2002) whereby the benefits granted earlier by order dated 4th May, 2000 (Annexure P/7 to W.P. No. 254/2002) to the petitioners was directed to be withdrawn. Thus^ these petitions namely W.P. Nd. 254/2002, 306/2002, 305/2002, 307/2002, 308/2002, 311/2002, 443/2002, ^s ,s t ^ 448/2002, 449/2002, 450/2002, 543/2002, 544/2002, 545/2002, 554/2002, 555/2002, 556/2002, 557/2002, 558/2002, 564/2002, 565/2002, 660/2002, 903/2002, 2771/2002, 315/2003, 638/2003, 949/2003, 950/2003, 951/2003, 1003/2003,1124/2003, 1125/2003, 1155/2003 and 3055/2003 are being considered and disposed ofby this common order.

2. The indisputable facts in brief are that the petitioners are working as Assistant Professors in the Indira Gandhi Kjrishi Vishwavidyalaya {for short tthe IGKW!\ Initially, the petitioners were granted the benefit of 4 Pay Commission and Career Advancement Scheme. Thereafiter, the recommendation of the 5 Pay Commission was accepted by the Government of India and the same was extended to the State Agricultural Universities through respondent-Indian Council of Agricultural Research (for short tthe ICAR') under the scheme. On 27 July, 1998 the Government of India, Ministry of Human Resources Department (for short tthe MHRD'} sent a letter/circular to the Secretary, University Grants Commission (for short (the UGC') for revision ofpay-scales of the teachers in Universities and Colleges following the revision of pay scales of Central Govemment employees on the recommendation of the 5 Pay Commission. On the same date, a letter/circular was written to the Education Secretaries of all the States and Union Territories stating that the fmancial assistances would be provided for the period 1 January, 1996 to 31 March^ 2000 for that purpose. The Central Govemment made a provision for fmancial assistance to the extent of 80% of the total expenditure involved for implementation of the revision and 20% of the expenditure was to be bome by the State Govemment. Clause 8 of the letter/circular stated that the scheme applies to the teachers in all Universities (including Agricultural Universities) 'v ^ ^W) and colleges (excluding Agricultural, Medical and Veterinary Science Colleges) admitted to the privileges ofthe Universities. The UGC sent letter/circular to the Vice Chancellors ofall the Universities, Education Secretaries ofthe States and the Union Territories stating that the UGC expects that the entire scheme of revision of pay scales together with all the conditions attached to it, would be implemented by the State Governments as a composite scheme without any modifications^ except the date of implementation and the scales of pay as indicated in Government of India notification dated 22nd July, 1998, 22nd September, 1998 and 6th November, 1998 (Annexure P/3 to W.P. No. 254/2002). It was further expected that necessary changes in their statutes, ordinances^ rules, regulations should be made. On 3 March, 1999 (Annexure P/4 to W.P. No. 254/2002)5 the Ministry of Agriculture., Director of Agricultural Research and Education (for short (DARE)) ^GW Delhi, sent a letter/circular to the Chief Secretaries of all the States for revision of pay scales of the teachers in Agricultural Universities and Colleges following the pay scales of the Central Govemnient employees on the recommendation of the 5 Central Pay Commission. In the scheme, clause 4(iii) provides for career advancement also. Pursuant to the above stated letter/circular dated 3 March, 1999 ofthe Ministry of Agriculture, the then State ofMadhya Pradesh, by order dated 8 October, 1999 (Annexure P/5 to W.P. No. 254/2002) accepted the proposal observing that the revised pay scales would be applicable with effect from 01st January, 1996 subject to the conditions and direction that 80% of the expenditure would be bome by ICAR and 20% of the expenditure would be made by the State Govemment. It was further provided that the teachers/officers would be entitled to increments and allowances also granted time to time by the State Govemment from 1st January, 1999. The respondent University, by order dated 20 October, 1999 (Annexure P/6) by order, accepted the revised pay scales for payment to the officers, teachers, Librarians, P.T.I., Sports Officers etc. in the same terms and conditions payable ^.^./ 1st January, 1996. Individual orders were passed on 4th May, 2000 (Annexure P/7 to W.P. No. 254 of 2002). The said order came into effect forthwith in case of the petitioners who cbmpleted 9 years of service with Ph.D as Assistant Professor, Senior Scale, and 11 years in case ofthose petitioners who did not have Ph.D. Other petitioners were given the benefit on the date of completion ofthe requisite 9 years and 11 years respectively in the scale ofAssistant Professor/Scientist Senior Scale. On 19 July, 2000 (Annexure P/8 to W.P. No. 254/2008) the ICAR again sent a communication to the Chief Secretaries of all the States reiterating that the revised career advancement scheme for the teachers working in the State Agricultural Universities and Colleges would be effective from 1st January, 1996. Thereafter, on 6 December, 2000, (Annexure P/9 to W.P. No. 254/2002) the ICAR communicated to the Directors/Project Directors/NRCs/Bureaux of ICAR/Chief Secretaries of al the States, cancelling the earlier scheme and making the same effective w.e./ 27th July, 1998. Thus., these petitions questioning the legality and validity of the impugned letter/circular dated 6 December, 2000.

3. The effective dates of implementation ofcareer advancement scheme in case of the petitioners, as projected by leamed counsel for the petitioners are as under: S.No. Name 1 2 3 Dr. A.K. Singh Dr. (Smt.) S.R. Gaur Dr. K.K. Sahu Previous Designation Assistant Professor (Sr. Scale) Assistant Professor (Sr. Scale) Assistant Professor/ Scientist (Sr. Scale) Effective WPNo. 01-01-1996 01-01-1996 01-01-1996 ^oo^/sss L66\-LO-Oi ZOOZ/LO£ L66l-LO-£Z, ZOOZ/90C L66l-LO-'LZ zoom^ toomoi worn^ SOO^/SZII L66l-LO-^ L661-LO-Z7, L66l-LO-^ 4661-Z.O-I^ £OOZ/$SO£ . Z.66I-90-OC £OOZ/17ZII

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4. Shri Neelabh Dubey, leamed counsel appearing for the petitioners would submit that pursuant to various orders and letters/circulars issued time to time, the petitioners were granted the benefit immediately ofthe revised pay scale and the revised career advancement scheme effective for the petitioners w.^./ 1st January, 1996 and thereafiter. Shri Dubey would further submit that it is well- settled principle of law that the benefits granted to an employee cannot be withdrawn with retrospective effect. There is no reason to change the date of grant of benefit of the revised pay and career advancement scheme. The same was done in a most arbitrary manner afiter giving effect to the revised career advancement scheme from 1 January, 1996. The administrative instructions and circulars may not have retrospective effect. In support of his contention, Shri Dubey relies on the decision of Hon'ble Supreme Court in U.P.Raghvendra Acharya & Others. v. State of Karnataka & Others , Govind Prasad v. R.G.Parsad & Others . It was next contended that there cannot be any recovery of the benefits granted earlier to an employee. In support of his contention, he relies on Syed Abdul Qadir & others v. State ofBihar & Others , Shyam Babu Verma & Others v. Union oflndia, Purushottam Lal Das & Others v. State of Bihar & Others5.

5. On the other hand, Shri Alok Bakshi, learned counsel appearing for Shri A.S.Gahanvar, leamed Advocate for the respondent-ICAR would submit that the 2 2 3 4 5