Full Text
HIGH COURT OF DELHI
Date of Decision: 11.08.2025
GOVT OF NCT OF DELHI AND ORS. .....Petitioners
Through: Ms.Latika Choudhury, Adv.
Through: Mr.Kirtiman Singh, Sr. Adv.
Mr.Setu Niket, Advs.
HON'BLE MS. JUSTICE MADHU JAIN NAVIN CHAWLA, J. (ORAL)
JUDGMENT
1. The respondents have entered appearance in the instant matter. CAV 300/2025
2. Accordingly, the Caveat stands discharged.
3. Allowed, subject to all just exceptions. CM APPL. 48003/2025 (Exemption)
4. This petition has been filed challenging the Order dated 17.12.2024 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as ‘Tribunal’) in O.A. no.1151/2023, titled Dr. Om Prakash & Ors. v. Govt. of NCT of Delhi & Ors., allowing the said OA filed by the respondent nos.[1] to 6, W.P.(C) 11725/2025 & CM APPL. 48002/2025 with the following directions: “7. CONCLUSION:
7.1. In view of the above analysis, we allow the present O.A.s and quash and set aside the office order dated 20.05.2022. Accordingly, we issue a common direction to the respondents in both the O.A.s that they shall grant the benefit of AGP of Rs. 10000 in pay band - 4 to the applicants from their due date in a time bound manner and also in accordance with AICTE Regulations and clarifications in vogue on the date of eligibility. Consequential benefits in accordance with the rules shall also flow to the applicants.”
5. To give a brief background of the facts in which the present petition arises, the respondent nos.[1] to 6 were working as Lecturer (Selection Grade) Stage 4 in Pay Band-4 in the Pay Scale of Rs.37,400-67,000 plus Academic Grade Pay (in short, ‘AGP’) of Rs.9,000/- with effect from different dates starting from 01.01.2006 till 04.04.2013. On acceptance of the recommendation of the 6th Central Pay Commission (CPC), the All India Council for Technical Education (in short, ‘AICTE’), that is, the respondent no.7 herein issued a Notification dated 05.03.2010, titled Pay Scales, Service Conditions and Qualifications for the Teachers and other Academic Staff on Technical Institutions (Diploma) Regulations, 2010 (hereinafter referred to as the ‘AICTE Regulations, 2010’) inter alia providing for grant of Career Advancement Scheme (in short, ‘CAS’) to Head of Departments (HODs) completing three years of service in the AGP of Rs.9,000/- and possessing a Ph.D. Degree in the relevant discipline. This was, by a Notification dated 04.01.2016, titled the All India Council for Technical Education (clarification on certain issues/anormalies pertaining to Qualification, Pay Scales, Service Conditions, Career Advancement Schemes (CAS) etc. for Teachers and other Academic Staff of Technical Institutions (Degree/Diploma)) 2016 (hereinafter referred to as the ‘Notification dated 04.01.2016’) extended to the Lecturer (Selection Grade), who have Ph.D. qualification. In the Notification dated 04.01.2016, it was further provided that the criteria of API for Grade Pay of Rs.10,000/- may be considered for all eligible candidates, and that the eligible candidates shall be entitled to the same fixed from the date not before the publication of the AICTE Regulations, 2012 in Official Gazette.
6. The AICTE Regulations, 2012 had been notified on 08.11.2012, and had provided for a Screening-cum-Evaluation Committee for CAS promotions of Lecturer/Lecturer (Senior Scale) from one AGP to the other higher AGP. It had further provided that such Screening/Selection process should be completed within six months from the date of application.
7. On basis of the approval of the above Notification dated 04.01.2016 by the Cabinet of Govt. of NCT of Delhi on 16.06.2016, the Govt. of NCT of Delhi issued formal orders for implementing the same. Communication was issued to all Diploma Institutions under its control requesting them to forward the applications of eligible Lecturers for placement under CAS in various AGPs, including AGP of Rs.10,000/- (Stage-5), on 03.08.2016. The Screening-cum- Evaluation process, however, hit a stumbling block when in O.A. No.3545/2017 and O.A. No.4128/2017, the process was stayed by the learned Tribunal. The stay was eventually vacated with the dismissal of O.A. No.3545/2017, vide an Order dated 20.07.2018 passed by the learned Tribunal. Thereafter, as many as three, including a final, Screening Committee meetings took place till 19.12.2018, however, before the relief could be granted to the respondents, the AICTE issued a Notification dated 01.03.2019, titled the All India Council for Technical Education Regulations on Pay Scales, Service Conditions and Minimum Qualifications for Appointment of Teachers and Other Academic Staff such as Library and Physical Education Personnel in Technical Institutions and Measures for the Maintenance of Standards in Technical Education- (Diploma) Regulation, 2019 (hereinafter referred to as the ‘Notification dated 01.03.2019’) which has resulted in the present dispute.
8. By the Notification dated 01.03.2019, the AICTE provided for the pay scales, service conditions and minimum qualifications for appointment of teachers and other academic staff such as library, physical education and training and placement personnel in technical institutions, and also for measures for maintenance of standards in technical education. It was provided in Clause 1.[3] thereof that the revised pay scales shall be effective from 01.01.2016 while other allowances shall be applicable from the date as notified by the Central Government/respective State and UT Government from time to time.
9. In the revised pay scales notified by the AICTE, the learned counsel for the petitioners submits that the AGP of Rs.10,000/- was not there.
10. The petitioners, placing reliance on Clause 1.[4] (d) and (f) of the AICTE Notification dated 01.03.2019, claim that with the same coming into force, and as the process of grant of AGP of Rs.10,000/to respondent nos.[1] to 6 had not been completed till that date, the respondent nos.[1] to 6 will not be entitled for the AGP of Rs.10,000/-. The petitioners sought clarification in this regard from the AICTE, which they claim did not come. However, during the course of hearing, the learned counsel for the petitioners has handed over a Communication dated 04.07.2022, which reads as under: “Dr. Ramesh Unnikrishnan Advisor (P&AP) F.No.27/P&AP/PAY/01/2022 23/21 (June) 04.07.2022 To Sh. Harnamo Ram, Deputy Director (Establishment I Branch), Government of NCT of Delhi, Directorate of Training and Technical Education, Muni Maya Ram Marg, Delhi -110088 Sub.: Clarification regarding grant of CAS Stage 5 (AGP 10,000 pre-revised) to Diploma Level Lecturers. reg. Sir, Please refer to your letter no. F.1/1077/2017/TE/AD/1370/2476 dated 06.05.2022 on the subject noted above. In this connection, you are informed that there is no provision for CAS promotion under 7th CPC and therefore the question of Lecturers becoming eligible for the same does not arise and no CAS promotion can be granted after 1st March 2019, the date on which 7th CPC Gazette Notification has come into effect. Similarly, the Lecturers who have already opted to draw their pay and allowances as per 7th CPC cannot be granted CAS promotion in AGP of Rs.10000/- under 6th CPC. As regards the promotional avenue for Lecturers having Ph.D. after getting AGP of Rs.9000, no clarification in this regard is required to be given by the Council, since the 7th CPC Gazette Notification dated 1st March 2019 is self-examined and self-explanatory. This issues with the approval of Competent Authority.”
11. The learned senior counsel for the respondent nos.[1] to 6, who appears on advance notice, however, submits that by subsequent Clarification dated 04.12.2023, AICTE has clarified that the issue raised by the petitioners would be governed by Clause 1.[4] (a), (b) and
(c) which are self-explanatory. He further submits that as late as
10.03.2025, the AICTE has advised that the option for promotion under the CAS shall stand extended till 31.12.2024, and all benefits of promotion for eligible candidates shall be granted retrospectively from the date they became eligible.
12. We have considered the submissions made by the learned counsels for the parties.
13. The issue of application of the Regulation dated 01.03.2019 to the respondent nos.[1] to 6, who admittedly were eligible for the grant of AGP of Rs.10,000/- and had also been subjected to the Screening Committee prior to the notification of the same, would be governed by Clause 1.[4] of the Notification dated 01.03.2019.
14. We have already noted hereinabove that in terms of the Clause 1.[3] of the Notification dated 01.03.2019, the same is to come into effect only from 01.01.2016.
15. Clause 1.[4] explains the transition period as under: “1.[4] Effective date of application of Service Conditions a) All other service conditions including Qualifications, Experience, Recruitment, Promotions etc. shall come into force with effect from the date of this Gazette Notification. b) The Qualifications, Experience, Recruitment and Promotions etc. during 01-01-2016 till the issue of this Gazette Notification shall be governed by All India Council for Technical Education Pay Scales, Service Conditions and Qualifications for the Teachers and other Academic Staff in Technical Institutions (Diploma) Regulation, 2010 dated 5th March 2010 and subsequent notifications issued from time to time. c) Those who are eligible for promotions after the date of publication of this gazette, shall have to meet the necessary conditions such as additional qualification, undergoing industrial training, pedagogical training, faculty induction program, publishing research papers etc. However, these requirements shall be permitted to be fulfilled till 31st July, 2022 so as to enable faculty members in equipping them for requisite mandatory requirements of this gazette to avail the benefit of promotion retrospectively from the date of eligibility. d) It may be noted that no further extension would be given beyond 31st July, 2022 and those who do not meet the essential criteria despite the above grace period, shall lose an opportunity for getting promotion retrospectively. However, they will be eligible for promotion from the date they meet these criteria thereafter. e) In cases, wherein interviews are already conducted either for direct recruitment or for promotions but candidates did not join, such candidates may be allowed to join. Their further upgradation will be governed by this notification. f) In cases, where advertisement was published, applications invited but interviews have not been conducted till publication of this notification, the institutes / employers are required to publish corrigendum and processing of applications must be done in accordance with the provisions given in this notification.”
16. A reading of the above provisions would show that the qualifications/experience, recruitment and promotion from 01.01.2016 till the issue of the said Notification on 01.03.2019, was to be governed by AICTE Regulation dated 05.03.2010 and subsequent notifications issued from time to time. This would, therefore, include the Notification dated 04.01.2016, reference to which we have given hereinabove.
17. Clause 1.[4] (c) further clarifies that all those who become eligible for promotion after the date of publication of the Notification dated 01.03.2019, shall have to meet the necessary condition such as additional qualification, etc. for the purposes of gaining promotion. There was a relaxation given till 31.12.2024 to enable the faculty members in equipping them for the requisite mandatory requirements. Clause 1.[4] (d) merely clarifies that no further extension beyond 31.07.2022 shall be granted to meet the essential criteria. Clause 1.[4] (f) further clarifies that even where the recruitment process has started by way of publication of an advertisement while interviews has not been conducted till publication of the said notification, the institute/employers are required to publish corrigendum and process with applications in accordance with the amendment provisions, that is, the Notification dated 01.03.2019.
18. In the present case, the process was one for grant of upgradation under the CAS and not fresh appointments. In any case, the Screening Committee had also evaluated the claims of the respondent nos.[1] to 6 in the three Screening Committee Meetings that had taken place on 13.08.2018, 22.10.2018 and 19.12.2018. The Notification dated 01.03.2019 can only have a prospective effect, as has rightly been held by the learned Tribunal in its earlier Impugned Order. The claim of the respondents for AGP of Rs.10,000/- has to be judged in accordance with the Notification dated 04.01.2016.
19. We, therefore, find no infirmity in the Impugned Order. The petition along with pending application is, accordingly, dismissed.
NAVIN CHAWLA, J MADHU JAIN, J AUGUST 11, 2025/ns/ik