•^^ •<u \JTY-^^-'^.L~\/?<J\/^ ^'j^^-P^'O^fl^-^SA^U^L^^v- -^'L^_- . ':'^^--^"-''^-': '^'-^^——^' _-i_ —._ ^B^^ ^:r-'^ ^'\/ ^•"w^^t/^/'^A.T'^/^^^ IN THB BIGH COURB OF?SWlCftTHREt?t;tlHATTTSGARH, "IAT::.:BIEASIWK%IS^'::'^-::^. :•''.'%;.'^ ^ : -: i^l^ Writ petition No.y..f....-.~of 2002. PET.ITIONER \1? ::':'Sa::.:,S»N.K:'Mxt'fe'Assis'taBe:;?r®.f< sor, .•S/0;&a^ ^S^^^X^<®N i;Sabelu<:: .l;.4-S.^?.3's| ^S.iflcjiaiT^^;<^':e^!."',''' ..•-BoE^trtal^e^^.^^la.ls^^ y-?-' ^VEKSOS [E^PONDENTS; (l') Ind.i.an."' CouKci:!.,, • oft Agricultural ResearGh;:l,"t^r0ugH^;Secretary^)':^ Bhawan Dr.Rajendra.Prasad.RQad.New- Delhi. ••:. . .' \ . ;1.: •;'-. . ' -: : ,1' , • •r^l'"" •..^'" .-•. , (2) Vitte;ehaBeellQr Inaira GsSSl'ii'Kri.shl. :;;',\^sKv,^vidya^aya.^,;.^:Xr^halk^.:^gg.a9ar,. Rai.pur . tC^'G.) ••'.••,J:,':::;;'. .1~::: :•• • "'V ,;.,,•,. :-y:^'^' v ^.^;^ {3) Registrar, : ,• '::.::'.[-:' ';". 1,;'' ^1^' • •'•:—' Indira^ <3an3hi Krish.L^VishwavidyaIay:a •^,..; 'Krj^BakNagar,,:':RalpUT(C..G. )'; ! •. ')•%^.^K^^P •J^"°"'~?~~'."~-^*^ y^^'-^'M' e^sy--- '.<i^"""^.::'.".,l;::^.?..:.'''".::;-, '^. ' 'i' -M )^Y Unipn^of f Ina.i.a, •Chroutjh Secretary ^y ys Ministry • ' 'of ••A^riculture' Krish.i; •Bhavan Dr.Rajendra , Prastd Road, , New Delhi. . ':::', ', ' State, ,^o£.; .Chhattsi.sgarh, '^thFough ' • ''"* SSWFeta'ry: Degarfment: .of A^ r I'c u 11 ure :Ralpur::'(,c.G:.)';,.:1; ^:^;', .^:^:i;,.^. • -•• ,• 11^:.,. eoht'd. 2. . . ii-~^^i&sa^^^^:?;: ^^^^•SSis^l;:;^ '^^'^^s^'^ .fS^SBS, ^fr'^'Mfi PETtITION UNDER %RTICI,ES; 226^227^QE,,'X'HE¥lCONS3?IT0TION O.F INDIA FOR 'A WRIT ]^ THE NATUSE QF 1^^ CERTIORSRI'ETC. :•'..: : : : : .; • : • :.• .1 '. : . :. -' HIGHCOURT OF CHHATTISGARH : BILASPUR PETITIONER WRtT PETITION N0.809 OF 2002 Dr. M.L. Sharma RESPONDENTS Versus Indian Council of Agricultural Research & Others And PETITIONER WRIT PETITION N0.75 OF 2003 Dr. S.N. Dixit Versus RESPONDENTS Indian Council of Agricultural Research & Others (Writ Petitions under Article 226/227 of the Constitution of India) Single Bench : Hon'ble Shri Satish K. Agnihotri, J. Present:- Shri Neelabh Dubey, Advocate for the petitioners. Shri Harsh Wardhan, Advocate for the respondent - Indira Gandhi Krishi Vishwavidyalaya. Ms Fouzia Mirza, Assistant Solicitor General for the Union of India. Shri N.N. Roy, Panel Lawyerforthe State. ORDER (ORAL) (Passed on this 26th day of February, 2010) 1. Challenge in these petitions is tothe order dated 6 December, 2000 (Annexure P/9) whereby the benefits granted earlier to the petitioners was directed to be withdrawn. Thus, these petitions namely; W.P. Nos. 809 of 2002 and 75 of 2003 are being considered and disposed of by this common order. 2. The indisputable facts, in brief, are that the petitioners are working as Assistant Professors in the Indira Gandhi Krishi Vishwavidyalaya (for short 'the IGKVV). tnitially, the petitioners ? 5 ^s"^ were granted the benefit of 4th Pay Commission and Career Advancement Scheme. Thereafter, 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-lndian Council of Agricultural Research (for short 'the ICAR') under the scheme. On 27th July, 1998 the Government oflndia, Ministry of l-1uman ResourcesDepartment (for short 'the MHRD') sent a letter/circular to the Secretary, University Grants Commission (for short ' e UGC') for revision of pay-scales of the teachers in Universities and Colleges following the revision of pay scales of Central Government employees on the recommendation of the 5 Pay Commission. On thesame date, a letter/circular was written to the Education Secretariesofall the States and Union Territories stating that the financial assistances would be provided for the period 1 January, 1996 to 31st March, 2000 for that purpose. TheCentral Government made a provision for financial assistance to the extent of 80% of the total expenditure involved for implementation of the revision and 20% of the expenditure was to be borne by the State Government. Clause 8 of the letter/circular stated that the scheme applies to the teachers in all Universities (including Agricultural Universities) and colleges (excluding Agricultural, Medical and Veterinary Science Colleges) admitted to the privileges of the Universities. The UGC sentletter/circular to the Vice Chancellors of all the Universities, Education Secretaries of the 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 1 '<< implemented by the State Governments as g compQsite scheme without any modifications, except the date ofimplementation and the scales of pay as indicated in Government of India notification dated22"d July, 1998, 22nd September, 1998 and 6th November, 1998. It was further expected that necessary changes in their statutes, ordinances, Fules, regulations should be made. On 3 March, 1999 (Annexure P/4), the MinistryofAgriculture, Directorof Agricultural Research and Education (for short'DARE'} New 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 Government 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 3Id March, 1999 of the Ministry of Agriculture, the then State of Madhya Pradesh, by order dated 8th October, 1999 (Annexure P/5) accepted the proposal observing that the revised payscales would be applicable with effect from 01 January, 1996 subject to the conditions and direction that 80% of the expenditure would be borne by ICAR and 20% ofthe expenditure would be made by the State Government. tt was further provided that the teachers/officers would be entitled to increments and allowances also granted time to time by the State Government from 1 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 tlie same terms and conditions payable w.e.f. 1st January,1996. Individual orders were passed on 4th May, 2000 (Annexure P/7). The said order came into effect forthwith in caseof the petitioners who completed 9 years of service with Ph.D as Assistant Professor, Senior Scale, and 11 years in case of those petitioners who did not have Ph.D. Other petitioners were given the benefit on the date of completion of the requisite 9 years and 11 years respectively in the scale of Assistant Professor/ Scientist Senior Scale. On 19th July, 2000 (Annexure P/8) 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 6th December, 2000, (Annexure P/9) 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.f. 27th July, 1998. Thus, these petitions questioning the legality and validity of the impugned letter/circular dated 6th December, 2000. 3. Learned counsel appearing for the respective parties jointly and very fairly submit that the issue involved in the present petitions has already been considered .and decided by this Court in Dr. A.K. Singh v. Indian Council of Agricultural S.No. Name Previous Designation Effective date WPNo. 1 Dr. M.L. Sharma Assistant Professor (Sr. Scale) 22-7-1997 809/2002 2 Dr. S.N. Dixit Assistant Professor (Sr. Scale) 01-8-1996 75/2003 Research & Others and other connected matters, thus the present petitions may also be disposed of in the same terms. In view of foregoing, the present writ petitions are disposed of in terms of the decision of this Court rendered in Dr. A.K. Singh (supra) asunder: "25....the circular/letter dated 6th December, 2000 (Annexure P/9 to W.P. No. 254/2002) is quashed to the extent that the petitioners who were granted benefits pursuant to the earlier circulars/notifications shall not be disturbed. The date of implementation i.e. 1st January, 1996 cannot be changed subsequently by notification dated6th December, 2000.° There shall be noorder asto costs. Gowri Sd/'- Satish K. Agniiiotri Judge •\ 'ecidedon 10-11-2009) llislj-i^ ^i h '-Sri