Art i Dixit v. St at e of Ut t arakhand and ot her s

Judgment

( p e r H o n ’ b l e Ju st i ce Sr i M a n o j K u m a r Ti w a r i )

1. Pet it ioner was appoint ed as Principal in a governm ent- aided Under Graduat e college, nam ely, D.W.T. College, Dehradun, by direct recruit m ent vide order dat ed 14.11.2007. She claim ed ent ry level pay of Rs. 43,000/ - in t he pay band 37400–67000/ - ( PB- 4) wit h academ ic grade pay of Rs. 10,000/ - , in t erm s of order dat ed 26.08.2010, issued by Minist ry of Hum an Resource Developm ent ( MHRD) , Governm ent of I ndia and a proposal was sent by Direct or, Higher Educat ion t o t he St at e Governm ent for grant ing her t he said pay scale.

2. St at e Governm ent rej ect ed t he proposal for grant of aforesaid ent ry level pay t o pet it ioner vide order dat ed

14.11.2019. Pet it ioner, t hereaft er, m ade represent at ion t o t he St at e Governm ent t o reconsider t he m at t er of her revision, which was 17.07.2020. rej ect ed vide order dat ed

3. By m eans of t his writ pet it ion, pet it ioner has sought t he following reliefs: 1 “ ( a) I ssue a w rit , order or dir ect ion in t he nat ur e of Cert iorari quashing t he order dat ed 14.11.2019 ( Annex ure No. 1 t o t he writ pet it ion) and 17.07.2020 ( Annex ure No. 2 t o t he w rit pet it ion) ; ( b) I ssue a writ , or der of dir ect ion in t he nat ure of Mandam us t o direct t he r espondent no. 2 t o grant t he pet it ioner t he Rev ised Ent ry Pay Scale as per Or der No. 2027/ XXI V( 7) / 2014- 47( 5) 13 30.09.2014 ( Annex ure No. 6 t o t he writ pet it ion) and fix t he sam e from t he dat e it becam e due.” dat ed

4. Pet it ioner has referred t o t wo com m unicat ions issued by Minist ry of Hum an Resource Developm ent , Governm ent of

I ndia. First com m unicat ion dat ed

31.12.2008 was addressed t o Universit y Grant s Com m ission whereby t he decision of Governm ent of I ndia regarding pay revision of t eachers in Universit ies and affiliat ed Colleges was com m unicat ed. Clause 4( i) of said com m unicat ion deals wit h Principal of Under Graduat e Colleges and t he sam e is ext ract ed below: - “ ( i) Principal of Under Graduat e Colleges Appoint m ent s t o t he post s of Principal in Under Graduat e Colleges shall be based on t he condit ions of eligibilit y in respect of educat ional qualificat ions and t eaching/ research experience laid down by t he Universit y Grant s Com m ission and if any by t he universit y from t im e t o t im e. The post s of Principal in Under Graduat e Colleges shall be in t he Pay Band of Rs. 37400- 67000 wit h AGP of Rs. 10000, plus a Special Allowance of Rs. 2000 per m ont h. All Principals in service shall be appropriat ely fixed in t he Pay Band wit h t he AGP of Rs. 10000.”

5. Clause 9( p) ( v) of aforesaid com m unicat ion provides t hat t his Schem e of pay revision m ay be ext ended t o Universit ies, Colleges and ot her Higher Educat ional I nst it ut ions com ing under t he purview of St at e legislat ures, provided St at e Governm ent wish t o adopt and im plem ent t he Schem e subj ect t o cert ain condit ions enum erat ed t hereunder. 2 The subsequent com m unicat ion dat ed 26.10.2010,

6. issued by Minist ry of Hum an Resource Developm ent was in cont inuat ion of earlier com m unicat ion issued by Minist ry of Hum an Resource Developm ent on 31.12.2008. I n t his subsequent com m unicat ion, it was m ent ioned t hat direct ly recruit ed Principals of Under Graduat e and Post Graduat e Colleges appoint ed on or aft er 01.01.2006 m ay be allowed Rs. 43000/ - , as ent ry level pay in t he Pay Band Rs. 37400- 67000 ( PB- 4) plus an academ ic grade pay of Rs. 10,000/ - , wit h Special Allowance of Rs. 2000/ - per m ont h.

7. I n t he com m unicat ion dat ed 26.08.2010, it was furt her provided t hat ent ry pay of Readers, appoint ed on or aft er 01.01.2006 t ill issuance of UGC Regulat ions on m inim um qualificat ions for appoint m ent of t eacher and m easures for t he m aint enance of st andards in Higher Educat ion, 2010, i.e. 30.06.2010, shall be fixed at Rs. 23,890/ - in PB- 3 wit h an academ ic grade pay of Rs. 8000/ - .

8. According t o pet it ioner, St at e Governm ent adopt ed t he Schem e of pay revision of t eachers of universit ies and governm ent aided colleges vide G.O. dat ed

11.11.2009 wit h t he condit ion t hat special pay shall not be allowed t o t eachers of universit ies / colleges.

9. Learned counsel for t he pet it ioner subm it s t hat in t erm s of earlier com m unicat ion issued by Minist ry of Hum an Resource Developm ent on 31.12.2008, pet it ioner was given revised pay scale of Rs. 37400- 67000/ - wit h an Academ ic Grade Pay of Rs. 10000/ - however, she was wrongly denied t he benefit of subsequent com m unicat ion 3 issued by Minist ry of Hum an Resource Developm ent on

26.08.2010, which provides t hat direct ly recruit ed Principals of Under Graduat e Colleges appoint ed on or aft er 01.01.2006, will be allowed Rs. 43000/ - as ent ry level pay.

10. Learned counsel for t he pet it ioner furt her subm it s t hat St at e Governm ent t ook a decision vide G.O. dat ed

30.09.2014 ( Annexure- 6) t o give benefit of MHRD’s com m unicat ion dat ed 26.08.2010 t o Readers appoint ed bet ween 01.01.2006 t o 30.06.2010 and t hey were allowed ent ry level pay of Rs. 23890/ - , however, Principals of Under Graduat e Colleges were left out and no decision in t heir respect was t aken by t he St at e Governm ent .

11. Learned counsel t he pet it ioner subm it s t hat St at e Governm ent was not j ust ified in part ly accept ing t he recom m endat ion m ade by Minist ry of Hum an Resource Developm ent , Governm ent of I ndia only in respect of Readers. She subm it s t hat due t o oversight , t he case of Principal of Under Graduat e Colleges appears t o be left out .

12. We find som e subst ance in t he subm ission m ade on behalf of pet it ioner.

13. Since Minist ry of Hum an Resource Developm ent , Governm ent of I ndia provided t hat ent ry level pay of direct ly recruit ed Principals of Under Graduat e Colleges shall be fixed at a cert ain level and it also provided for fixat ion of ent ry level pay of Readers at a different level, t herefore, accept ing t he Schem e of fixat ion of ent ry level 4 pay in respect of Readers alone, in t he absence of any valid reason, do not appear t o be proper. Moreover, it is causing heart burn t o t hose who were appoint ed as Principal of Under Graduat e College by direct recruit m ent on or aft er 01.01.2006.

14. We, t herefore, dispose of t he writ pet it ion by perm it t ing pet it ioner t o m ake represent at ion t o t he Secret ary, Higher Educat ion, against leaving out t he Principals serving in Under Graduat e College from t he benefit of ent ry level pay, in t erm s of com m unicat ion dat ed 26.08.2010, issued by Minist ry of Hum an Resource Developm ent , Governm ent of I ndia. I f pet it ioner m akes such represent at ion wit hin four weeks from t oday, t he Secret ary concerned shall revisit t he m at t er and pass appropriat e order as per law wit hin six m ont hs from dat e of receipt of such represent at ion. _______________________________ M A N OJ K UM A R TI W A RI , J. __________________________ A SH I SH N A I TH A N I , J. Dt : 13 t h May, 2025 Mahinder MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH 5