IN THE HIGH COURT OF JODICATURE, CHHATTISGARB, AT BILASPUR. Writ petition No. ..-?<.-^... of 2002. PETITIONER: ^^1 .•'!ri/^»>. :.••'.'^.m/ ^;^-:""// ^%>^"' ..••"Lit -^" KEgPONDENTS; (1 prashant Bubey,s/o shrl Atal Bihari oubey .aged abeub 49 years, prlneipal Xnvestigator (pDG),lndrla Gandhl Krlshl Visbwavldyalaya Krl.shalt Nagar, Ralpur (C.G), Resldaiteat House N®.C-lO,Ravi Nagar, behind collecfcorate.Ra.t.pur (C.G). VERSUS ^^^ .^^~y>>'?' ^y ) Indian Council of Ayricultural Research through Secretary Krishi ^& \.^A" ^{;<3) Registrar, t?tf-^M^"'.'t^ft Bhawan Dr.Rajendra Prasad Road, New- "></.."•"' ..i Delhi. ,(2') Vice Chancellor Indirg GandhiKrishi Vishwavidyalaya Krishal; Nayar, Raipur.(C.G.) Indira Gandhj. Krlshi Vishwavidyalaya KrishakNa9ar, Raipur(C.G-) c}^- '^ ^ ;^^^.c^- kf<^ .o^y ^'..^ /&>'' ^v' .w' 4) Union of India throuyh Secretary Ministry of Asriculture Krishi Bhavan Dr.Rajendra Prasad Soad, New Delhi. (gO^ Stafce of Chbattisgarh, through Secretary Department of Aijriculture Raipur (C.G.) • cont'd. 2... ^?: -tt.'t PETITION UNDER ARTICLES 226/227 OF THE CONSTITUTION OF INDIA FOR A WRIT IN THE NATURE OF MAHDAMUS CERTIORARI ETC. ,|9i /v -, Ar^ 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) ^ W) 'v ^ 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 li 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 Previous Designation Effective WPNo. 1 Dr. A.K. Singh Assistant Professor (Sr. Scale) 01-01-1996 254/2002 2 Dr. (Smt.) S.R. Gaur Assistant Professor (Sr. Scale) 01-01-1996 558/2002 3 Dr. K.K. Sahu Assistant Professor/ Scientist (Sr. Scale) 01-01-1996 660/2002 5i£ET^. ^oo^/sss L66\-LO-Oi jossojojj ^u^sissy •O ('V^S) '^Q I£ ZOOZ/LO£ L66l-LO-£Z, (9I^S 'JS) JOSSOJOJJ }TO}STSSV sjoqiB-a pq u^uy 'JQ 0£ ZOOZ/90C L66l-LO-'LZ (9^0S -JS) JOSSOJOJJ }U^STSSV SVQ ^uqsiT^ idoQ -JQ 6Z zoom^ L66l-LO-^ . (9^os 'JS) is^usps /josssjojj ^u^sissy XpSmo 'N"8 "-IG 8^ toomoi L661-LO-Z7, (9^0S -JS) ispu9ps j^^mpu^io •^•d -JQ LZ worn^ L66l-LO-^ (9JB3S -js) ^spusps /JOSS9JOJJ ^U^STSSy np^A -3-A -JQ 93 SOO^/SZII 4661-Z.O-I^ (9^0S -JS) ^spu9ps msip^q -T^[ -JQ ^ £OOZ/$SO£ . 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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 (2006) 9 SCC 630 2 (1994)1 SCC437 3 (2009) 3 SCC 475 4 (1994)28cc 521 5 (2006)118cc 492 Chandrakar (Sr. Scale) 32 Dr. V.K. Dubey Assistant Professor/ Scientist (Sr. Scale) 05-08-1997 557/2002 33 Dr. R.O. Das Scientist (Sr. Scale) 17-06-1997 1155/2003 letter/circular dated 20th July, 1998 ofthe MHRD to the UGC, a decision ofthe Govemment of India to revise the pay scales of the teachers in the Central Universities on the basis of 5 Pay Commission was communicated. The said letter/circular provided fbr career advancement scheme also. It was stated that the revised pay scales would be granted w.^./ 1 January, 1996. On the same date, the MHRD issued one more letter/circular to the Education Secretaries of all the States and Union Territories providing that the fmancial assistance would be made available to the State Govemment to the extent of 80% for adopting and implementing the revision of pay scales on the basis of 5 Pay Commission w.^./ 1 January^ 1996. It was directed to furnish the scheme before the Central Govemment for grant of central assistance. The UGC further sent a letter/circular to the Vice Chancellors of all the Universities and the Education Secretary of all the States and Union Territories enclosing a copy of the notification of the UGC of 1998 for payment of revised pay scales. On 3 March, 1993 5 the DARE further sent a letter/circular to the Chief Secretaries of all the States and Union Territories and informed that the ICAR has decided to grant benefit of revised pay scale and revised advancement of career scheme to ICAR scientists and others in the State Agricultural Universities also w.^./ 1 January, 1996. The then State ofMadhya Pradesh accepted the recommendation of the DARE and passed an order on 8 October, 1999 granting revised pay scales with revised career advancement to the petitioners working in the Agricultural Universities w.^./ 1 January, 1996. The respondent University directed for implementation of the revised pay scale and career advancement of teachers and other staffs by order dated 20th October, 1999 (Annexure P/6 to W.P. No. 254/2002). Accordingly, the petitioners were promoted and given the i ,"r^s^^ 1 ' '^^9^ ^ ^.^^./ "•••....3^' ^) ^ revised pay scales and the career advancement scheme w.^./ 1 January, 1996. It is tme that the ICAR issued another letter/circular on 19 July, 2000 stating that the revision of pay scales and career advancement scheme for teachers in State Agricultural Universities, would be made effective from 1 January, 1996. The impugned order dated 6 December, 2000 was passed on the basis of the recommendation ofthe Ministry ofFinance (for short (the MoF}\ The ICAR is a registered society under the Societies Registration Act, 1860 and is fully financed by the Govermiient of India. Thus, any decision in relation to service matters of the teachers of the State Agricultural Universities approval of the MoF is required. Since the revised pay scale was granted to the teachers of other Universities under the control ofthe UGC w.e./ 27 July, 1998, accordingly, the same was made effective to the Agricultural Universities also. The decision was taken on the basis of review of the M:oF. The petitioners have not challenged any particular order except the order dated 6 December, 2000,thus, they are not entitled to any relief. 6. Smt. Fouzia Mirza^ leamed Assistant Solicitor General appearing for the respondent/Union of India would submit that the career advancement scheme was made effective from 27th July, 1998 by the MHRD and the ICAR caimot take contrary decision to give effect to teachers of Agricultural Universities w.^./ 1 January, 1996. Thus, all the earlier letters/circulars issued making the revised pay scale and career advancement scheme effective ^.^./ 1st January^ 1996 was without approval ofthe MoF and the MHRD is competent to revise its decision on the basis of the decision of the MoF subsequently. Accordingly, the circular dated 6 December, 2000 issued by the ICAR cannot be faulted with, 7. Shri Manindra Shrivastava, learned Senior Counsel appearing with Shri Amit Verma, leamed Advocate for the respondents/IGKVV, and Shri M.P.S.Bhatia, learned Deputy Government Advocate appearing for the respondent/State would submit that the decision ofthis Court would be fmal-and the order passed by the respondent University was in accordance with the instmctions/letters/circulars and decision taken by the State of Madhya Pradesh. The ICAR is competent authority to give guidelines, therefore, the impugned letter/circular dated 6 December, 2000 whereby the date of implementation was modified from 1st January, 1996 to 27 July, 1998, cannot be challenged. The petitioners have not acquired any right on the basis of letter/circular issued to them and grant of the benefit ofrevised pay scale and career advancement scheme to them -w.e/. 1 January, 1996. 8. Heard learned counsel appearing for the parties, perused the pleadings and documents appended thereto. 9. The letter/circular dated 6th December, 2000 was stayed by this Court on 20th Febmary, 2002. Thus, no effect could be given to the impugned letter/circular dated 6 December, 2000 and the petitioners have been enjoying the benefit of revised pay scale and the career advancement scheme w.^./ 1 January, 1996. lO.The letter/circular dated 27th July, 1998 (Annexure P/l to WP No. 254/2002) issued by the MHRD provides for effective date from 1st January, 1996. Clause (b) and (c) ofthe said letter/circular, inter alia reads as under: "(b) For the period from 1.1.96 to the day on which these decisions take effect, pay will be fixed in the replacement scales recommended by the UGC appointed Pay Review Committee as per Annexure -II (withdrawn later vide letter dated 6 November, 1998 ofMinistry ofHuman Resources Development). (c) Pay with effect from 1.1.96 in the revised scale ofpay will be fixed after giving the benefiit of one increment for every three 10 increments eamed in the pre-revised scales as stipulated in Rule 7 ofCentral Civil Ser^ices (Revised Pay) Rules, 1997, and governed by other relevant provisions of Central Civil Ser^ices (Revised Pay) Rules, 1997 as applicable." ll.The other letter/circular ofthe MHRD dated 27th July, 1998 (Annexure P/2 to W.P. No. 254/2002) addressed to the Education Secretaries ofall the States and Union Territories, inter alia provides as under: "(a) The Central Govemment will provide financial assistance to the State Govemments which have opted for these revised pay scales to the extent of 80% of the additional expenditure involved in the implementation ofthe revision. (b) The State Government will meet the remaining 20% of the expenditure from their own sources. (d) The financial assistance, indicated above, would be provided for the period from 1.1.1996 to 31.3 .2000 3. The State Government, afiter taking local conditions into consideration, may also decide their discretion to introduce scales of pay different from those mentioned in the Scheme, and may give effect to the revised scales ofpay from January 1, 1996, or a later date. In such cases, the details of the modifications proposed either to the scales ofpay or the date from which the Scheme is to be implemented, should be fumished to the Govemment of India for its approval and^ subject to the approval being accorded to the modifications, Central assistance on the same terms and conditions as indicated above will be available to the State Govemments for implementation ofthe Scheme with such modifications, provided that the modified scales ofpay are not higher than those approved under the Scheme. 8. The Scheme applies to teachers in all Universities (including Agricultural Universities) and colleges (excluding Agricultural, Medical and Veterinary Science Colleges) admitted to the privileges ofthe Universities.'9 12. The letter/circular dated 24th December, 1998 (Annexure P/3 to W.P. No. 254/2002) ofthe UGC addressed to the Vice Chancellors ofall the Universities, Education Secretaries of all the States and Union Territories, inter alia, m clause 5 provides as under: "5. The University Grants Commission expects that the entire scheme ofrevision ofpay scales, together with all the conditions attached to it, would be implemented by the State Govemments as a composite scheme without any modifications, except the date of r^— 11 implementation and the scales of pay as indicated in Government oflndia notification No. F.1.-22/97-IU dated 27.7.98, 22.9.98 and 6.11.98. It shall be necessary for the Universities and the Management of Colleges to make the necessary changes in their statues, ordinances, rules, regulations etc, to incorporate the provisions ofthis scheme." 13. The letter/circular dated 3rd March, 1999 (Annexure P/4 to W.P. No. 254/2002) ofthe Ministry ofAgriculture, DARE^ inter alia, provides as under: "The revised Pay scale, Incentives for Degrees, and Career Advancement Scheme extended to CAU and SAUs will be as detailed in this letter. Copies of the notification issued by the Ministry of HRD vide the letter No. 1-22/87-U.l, dated 27.7.98, 22.9.98 and 6.11.98 alongwith its enclosure are at enclosed (Annexure 1) (iii) Career Advancement (a) Minimum length of service for eligibility to move into the grade of Lecturer (Sr. scale)/Asstt. Professor (Senior Scale) would be four years for those with Ph.D. five years for those with M.Phil and six years for others as Assistant Professor/Lecturer and for eligibility to move into the Grade of Assistant Professor (Selection Grade)/Lecturer (Selection Grade/Associate Professor/Reader, fhe minimum length of service as Lecturer (Sr. Scale)/Assistant Professor (Senior Scale) shall be uniformly five years. (b) For movement into grades of Associate Professor/Reader and the above, the minimum eligibility criterion would be Ph.D. Those teachers without Ph.D. can go upto the level ofAssistant Professor (Selection Grade)/Lecturer (Selection Grade). (c) An Associate Professor/Reader with a minimum of eight years ofservice will be eligible for consideration for appointment as a Professor. (d) For every upward movement, a selection process would be evolved, for which appropriate guidelines would be laid down by the ICAR. (v) Allowances, effective date and fitment formula (a) While the revised scales ofpay as contained in the Annexure- III will be given effect from 1.1.96, allowances at the revised rates will be effective from August, 1997. (b) Pay with effect from 1.1.96 in the revised scales ofPay will be fixed after giving the benefit of one increment for every three increments earned in the pre-revised scales as stipulated in Rule 7 of Central Civil Services (Revised Pay) Rules, 1997, 1 'f i 12 and governed by other relevant provisions of Central Civil Services (Revised Pay) Rules, 1997 as applicable. (c) Pay in the revised scales of pay as at Annexure -III of this letter shall be fixed at the same stage with reference to the stage admissible vide para (b) above. In cases where the same stage is not available, the pay may be fixed at the stage next above the pay admissible vide para (b) above. (d) Teachers in SAUs will be entitled to Dearness Allowance^ House Rent Allowance, Transport Allowance, City Compensatory Allowance and other allowances at the same rates and dates as applicable in the respective State Governments. (e) Teachers in Central Agricultural University, Imphal will be entitled to Dearness Allowance, House Rent allowance, Transport Allowance, City Compensatory Allowance and other allowances at the same rates and dates as applicable to the Central Government employees. 8. The revision of pay scales is further subiect to the following conditions: i. The pay scales and the service conditions of SAUs/CAUs personnel will be determined only by ICAR and that decision taken by UGC in this regard will not be applicable unless they are accepted by the ICAR. ii. The ICAR will provide assistance to the State Govemments to the extent of 80% of the expenditure involved in giving effect to the revision ofscales ofpay. iii. The assistance to the extent mentioned above will be available for the period from 1.1.96 to 31.3.2000. The State Government will meet the remaining 20% ofthe expenditure from their own resources and will not pass on the liabilities to the State Agricultural Universities. iv. The State Govemmenf will take over the entire responsibility for maintaining the revised scales ofpay w.e.f. 1.4.2000. v. The assistance will be restricted to the revision of pay scales of only those posts which were in existence as on January 1,1996. vi. 80% of the assistance will be given to those states only which give a clear communication of the State Governments to meet 20% ofthe expenditure. vii. The State Governments will ensure that the State Agricultural Universities will abide by the senrice conditions of teachers/faculties laid down by the ICAR regulations." 14.The then State ofMadhya Pradesh by order dated 8th October, 1999 accepted the recommendation made by the Ministry of Agriculture, DARE dated 3 March, riw ":r^ ^—,1 '^.' 13 1999 and passed an order that all the officers, teachers, librarians, PTI, sports officers working in the Agricultural Universities would be granted revised pay scales w.^./ 1 January, 1996, with the following conditions. 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