The Delhi High Court clarified that claims for increments based on Ph.D. and M.Phil qualifications are beyond the scope of the writ petition and must be pursued through appropriate remedies, directing the matter for further consideration by the Roster Bench.
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W.P.(C) 3644/2020 Page 1 HIGH COURT OF DELHI Date of Decision: September 15, 2023
W.P.(C) 3644/2020, CM APPLs. 12990/2020, 23368/2020, 31350/2023 & 32640/2023 DR. AMIT KUMAR..... Petitioner Through: Mr. Vishwendra Verma, Mr. Shivam Sehgal, Ms. Shivali and Ms. Riya Kumari, Advs.
VERSUS
BHARATI COLLEGE..... Respondent Through: Ms. Beenashaw N. Soni, Ms. Mansi Jain and Ms. Ann Joseph, Advs.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO V. KAMESWAR RAO, J. (ORAL)
JUDGMENT
1. This writ petition has been listed before this Court in view of the order passed by Hon’ble Ms Justice Jyoti Singh on March 3, 2023, wherein it was stated as under:-
“1. Petitioner claims that there are outstanding dues which have not been released to him till date, which includes grant of five increments from the date of appointment on account of the Petitioner being a Ph.D. holder as well as two increments on account of his M.Phil Degree. Attention of the learned counsel is, however, drawn to an order dated 21.09.2020 wherein, on an application being filed, this Court had observed that as far as the reliefs of increments are concerned, they were beyond the scope of the writ petition and liberty was granted to the Petitioner to resort to appropriate remedies
W.P.(C) 3644/2020 Page 2 for seeking extra increments on account of Ph.D. and M.Phil and a pointed query is posed to the counsel whether in view of this order it is permissible for the Petitioner to insist on claiming the extra increments in this writ petition.
2. In response, learned counsel for the Petitioner submits that by an order dated 20.12.2021, the Court had permitted the Petitioner to claim extra increments since the reliefs were sought in the application being CM No.23368/2020. It is again put to the counsel whether on 20.12.2021 he had brought to the notice of the Court the earlier order dated 21.09.2020 passed in CM No.23368/2020 and the answer of the learned counsel is in the affirmative. Albeit reading of the order dated 20.12.2021 does not prima facie indicate that the Court was apprised of the earlier order dated 21.09.2020, in my view, it would be appropriate to place the matter before the Bench of Hon’ble Mr. Justice V. Kameswar Rao, on this aspect, as a clarification on this would have a serious impact on the relief claimed by the Petitioner for extra increments.
3. Subject to orders of Hon’ble the Chief Justice, list before the Bench of Hon’ble Mr. Justice V. Kameswar Rao, on 17.03.2023.”
2. Pursuant thereto, on April 28, 2023, this Court had passed the following order:
“1. This petition has been placed before me in view of order dated March 3, 2023 that on December 20, 2021, this Court noting the submissions of Mr. Vishwendra Verma, Adv. for the petitioner that the petitioner is entitled to five increments being a Ph.D. holder and two increments for M.Phil apart from annual increments has stated has under: “With regard to TA, it is his submission, being a PwD candidate, he is entitled to double the TA
W.P.(C) 3644/2020 Page 3 from the date of appointment till the date of compulsory retirement in the year 2020. On a further query, whether this aspect has been mentioned in the writ petition, Mr. Verma would submit this aspect has been mentioned in the application being CM 23368/2020. Ms. Soni, on the other hand, appearing for the College would submit that this aspect could not be replied in their counter affidavit as no averment in that regard is made in the writ petition. Mr. Verma has also drawn my attention to certain compilation of documents including the Ordinances which are also part of the writ petition (except in last page). In the absence of counter affidavit on the aspect now highlighted by Mr. Verma in support of his prayer made in the writ petition, appropriate shall be for the College to file additional affidavit on or before January 04, 2022. Response thereto, if any, be filed within one week thereafter.”
2. Ms. Beenashaw N. Soni, learned counsel appearing for the respondent has drawn my attention to the order dated September 21, 2020 to contend the claim of increments being a holder of Ph.D. and M.Phil qualifications though made in this petition, the same was not entertained as notice has been issued on prayer (a) of the petition. She also states, in so far as prayers (b) and (c) are concerned, this Court has already held that the petitioner shall resort to appropriate remedies as available in law to claim the same.
3. In view of the order dated September 21, 2020, it is clarified, the issue of claim of increments as a holder of Ph.D and M.Phil apart from annual increments shall be governed by the order dated September 21, 2020. W.P.(C) 3644/2020 Page 4
4. The writ petition shall be listed before the Roster Bench on May 8, 2023 subject to the orders of Hon’ble the Chief Justice.”
3. Subsequently, the matter has been again placed before this Court as per order dated May 19, 2023 passed by Hon’ble Ms Justice Jyoti Singh, which reads as under:
“1. Mr. Verma again insists that the Petitioner is entitled to his increments on account of Ph.D and M.Phil. 2. This Court had, by a detailed order on the insistence of the learned counsel for the Petitioner, referred the matter to the Bench of Hon’ble Mr. Justice V. Kameswar Rao on 28.04.2023. The following order was passed by Hon’ble Mr. Justice V. Kameswar Rao:- “1. This petition has been placed before me in view of order dated March 3, 2023 that on December 20, 2021, this Court noting the submissions of Mr. Vishwendra Verma, Adv. for the petitioner that the petitioner is entitled to five increments being a Ph.D. holder and two increments for M.Phil apart from annual increments has stated has under: “With regard to TA, it is his submission, being a PwD candidate, he is entitled to double the TA from the date of appointment till the date of compulsory retirement in the year 2020. On a further query, whether this aspect has been mentioned in the writ petition, Mr. Verma would submit this aspect has been mentioned in the application being CM 23368/2020. Ms. Soni, on the other hand, appearing for the College would submit that this aspect could not be replied in their counter affidavit as no averment in that regard is made in the writ petition. Mr. Verma has also drawn my attention to certain compilation of documents including
W.P.(C) 3644/2020 Page 5 the Ordinances which are also part of the writ petition (except in last page). In the absence of counter affidavit on the aspect now highlighted by Mr. Verma in support of his prayer made in the writ petition, appropriate shall be for the College to file additional affidavit on or before January 04,2022. Response thereto, if any, be filed within one week thereafter.”
2. Ms. Beenashaw N. Soni, learned counsel appearing for the respondent has drawn my attention to the order dated September 21, 2020 to contend the claim of increments being a holder of Ph.D. and M.Phil qualifications though made in this petition, the same was not entertained as notice has been issued on prayer (a) of the petition. She also states, in so far as prayers (b) and (c) are concerned, this Court has already held that the petitioner shall resort to appropriate remedies as available in law to claim the same.
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3. In view of the order dated September 21, 2020, it is clarified, the issue of claim of increments as a holder of Ph.D and M.Phil apart from annual increments shall be governed by the order dated September 21, 2020.
4. The writ petition shall be listed before the Roster Bench on May 8, 2023 subject to the orders of Hon’ble the Chief Justice.”
3. Learned counsel for the Petitioner submits that the matter be sent back to the said Court for further adjudication of the issues arising in the present writ petition.
4. On the insistence of learned counsel for the Petitioner, list before Hon’ble Mr. Justice V. Kameswar Rao, subject to orders of Hon’ble the Chief Justice, on 26.05.2023.”
4. Suffice to state, my order dated April 28, 2023 is very clear wherein in paragraphs 3 and 4, I have stated as under: W.P.(C) 3644/2020 Page 6 “3. In view of the order dated September 21, 2020, it is clarified, the issue of claim of increments as a holder of Ph.D and M.Phil apart from annual increments shall be governed by the order dated September 21, 2020.
4. The writ petition shall be listed before the Roster Bench on May 8, 2023 subject to the orders of Hon’ble the Chief Justice.”
5. In view of the clear order, let this matter be placed before the Roster Bench, for consideration of the writ petition on September 20, 2023, subject to the orders of Hon’ble the Chief Justice.
V. KAMESWAR RAO, J
SEPTEMBER 15, 2023
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