--- 1 --- HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE S.B.: HON'BLE MR. S. C. SHARMA, J WRIT PETITION NO. 5050 / 2007 MUAZFFR MUNSHI S/O MAZAHAR MUNSHI Vs. STATE OF MP & 2 OTHERS * * * * * O R D E R ( 18/11/2011) The petitioner before this Court, a programmer serving under the Department of Technical Education, has filed this present writ petition being aggrieved by the order dt. 29/3/07 by which his claim as well as the claim of other identically placed persons for grant of two advanced increments, has been rejected by the Director, Technical Education (Annexure R/1). The contention of the petitioner is that he was appointed as a Programmer in the Technical Education & Training Department of the State of Madhya Pradesh in the year 1998 and has completed his probation on16/7/2000. Petitioner has further stated that the petitioner has obtained a --- 2 --- post graduate degree ie., M. Tech., on 5th September 2005 with due permission of the State Government and the petitioner submitted a representation to the authorities for grant of two advance increments on account of a circular issued by the State Government dt. 19/4/06. Grievance of the petitioner is that his request was turned down by the Director by order dt. 29/3/07 and he has been finally communicated rejection of his request by order dt. 23/5/07 by the Principal. He has claimed for grant of two advance increments. A reply has been filed in the matter and the stand of the State Government is that earlier Circulars on the subject were withdrawn by the State Government and fresh executive instructions were issued on 14/9/06 by which grant of advance increments was confined to employees working in the Higher Education Department, Higher Education Grants Commission and Employees of Technical Education and Training, who have obtained a Post Graduate Degree and who are receiving pay scale as per the AICTE Norms. Contention of the respondents is that the petitioner --- 3 --- was not receiving pay scale as per the AICTE norms and therefore the question of grant of two advance increments specially in the light of the Circular dt. 14/9/06 does not arise. Respondents have also raised a ground that the petitioner was not covered under the provisions of the earlier Circular which has been enclosed as Annexure A/5 and therefore the question of grant of benefit to the petitioner of two advance increments does not arise. Respondents have prayed for dismissal of the writ petition. Heard learned counsel for the parties at length and perused the record. In the present case, it is not in dispute that the petitioner has obtained a Master's Degree in Technology from DAVV Indore. He has obtained the aforesaid qualification in the month of December 2005. The aforesaid fact has not been disputed by the respondents. The respondents have denied the petitioner the benefit of two advance increments only on the ground that he is not drawing his pay in the AICTE pay scale and therefore as per the Circular dt. 14/9/06, he is not entitled to the benefit of --- 4 --- two advance increments. The Circular issued by the State Government dt. 14/9/06 reads as under : “'kkldh; fpfdRld@vfHk;arkvksa}kjk LukRdksRrj@vUos"k.kkRed mikf/k izkIr djus vFkok vU; 'kkldh; lsodksa }kjk LukRdksRrj @vUos"k.kkRed mikf/k;ka (ih,p Mh) rFkk LukRdksRrj fMIyksek djus ij ns; vfxze osru o`f);ksa laca/kh mijksDr lanfHkZr ifji=ksa dks jkT; 'kklu }kjk fujLr djrs gq, fu.kZ; fy;k x;k gS fd mPp f'k{kk foHkkx esa mPp f'k{kk vuqnku vk;ksx ,oa rduhdh f'k{kk ,oa izf'k{k.k foHkkx esa , vkbZ lh Vh bZ ds izko/kku vuqlkj LukRdksRrj@vUos"k.kkRed mikf/k izkIr djus okys 'kkldh; lsodksa dks gh osruo`f) dk ykHk fn;k tkosA 2 iSjk&1 ds vfrfjDr vU; 'kkldh; lsodksa }kjk ;s mikf/k;ka izkIr djus ij bl ifji= ds fnukad ls osruo`f) dk ykHk izkIr u gksxkA d`i;k 'kklu ds mDr fu.k;Z ls lHkh v/khuLFk dk;kZy;ksa dks voxr djkosA e/;izns'k ds jkT;iky ds uke ls rFkk vkns'kkuqlkj (jktsUnz 'kekZ) mi lfpo e/; izns'k 'kklu lkekU; iz'kklu foHkkx” The aforesaid executive instructions issued by the State Government makes it very clear that all those who have obtained a post graduate qualification serving under the Technical Education and Training Department as per the AICTE Norms are entitled for grant of two advance --- 5 --- increments. The Circular does not say that only those Government servants who are drawing the pay scale as per AICTE Norms are entitled for grant of two advance increments on attaining higher qualification (Post Graduate Degree) and therefore as the petitioner has obtained a post graduate degree which is duly approved and which is as per the norms of AICTE, the question of denying the benefit of two advance increments to the petitioner, does not arise as he is a Government servant serving under the Technical Education & Training Department. Resultantly, the writ petition is allowed. Respondents are directed to pass an appropriate order in respect of grant of benefit of two advance increments on acquiring a post graduate degree. The petitioner shall also be entitled for all consequential benefits. (S. C. SHARMA) J U D G E KR