JUDGMENT

SANJAY DHAR, J. –

1. The petitioner has sought a direction upon the official respondents to place her in the senior scale of Rs.15600-39100 with grade pay of Rs.6600/- on the analogy of private respondents No. 4 to 6 with effect from the date, the said respondents have been so placed or from 16.02.2014 whichever is later, with all consequential benefits. A further direction has been sought commanding the official respondents to place the petitioner in the selection scale of Rs.15600-39100 with grade pay of Rs.7600/- on the analogy of respondents No. 4 to 6 w.e.f the date, the said respondents have been so placed with all consequential benefits

2. As per case of the petitioner, in terms of order No. Estab/C&R/2009/3557-63 dated 16.02.2009, she was appointed as Assistant Administrative Officer, Dhanwantri Library, University of Jammu in the pay scale of Rs.8000-13500 upon death of her husband, who had died on 15.08.2008 while performing causality evacuation mission in Ladakh region. The appointment of the petitioner was confirmed in terms of order No.Estab/12/913-20 dated 02.05.2012. According to the petitioner, she was holding the requisite qualification for the post of Assistant Administrative Officer, inasmuch as she has obtained a Master’s Degree with more than 55% marks. It has been submitted that the petitioner along with respondents No. 4 and 5 and six others officers, who fall under ‘Isolated Category of Officers’ were placed in the pay band of Rs.15600-39100 with grade pay of Rs.5400 in terms of order No. Estab/12/7215-30 dated 26.07.2012.

3. It is being pleaded by the petitioner that pursuant to the approval granted by the University Council, a scheme was announced by the University of Jammu vide its order No. Estab/17/6129-88 dated 27.06.2017 where-under it was provided that Assistant Registrars and other equivalent Isolated Category of Officers, who were appointed initially in the pay band of Rs.15600-39100 with grade pay of Rs.5400 shall be placed in the senior scale of Rs.15600-39100 with grade pay of Rs.6600 (1st step) and in the selection scale of Rs.15600-39100 with grade pay of Rs.7600 (2nd step). The said scheme was made effective from 01.03.2007. According to the petitioner, since she was appointed in the year 2009, she became eligible for senior scale (step 1) on 16.02.2014 and thereafter, for selection scale (step 2) from 16.02.2019, but the respondent-University did not accord sanction to grant of aforesaid scales in her favour. It is being submitted by the petitioner that respondents No. 4 to 6, who are similarly situated as the petitioner, were placed in senior scale and thereafter in selection scale leaving out the petitioner.

4. It has been submitted that the petitioner approached the Governor’s Grievances Redressal Cell highlighting her grievance to which the respondent-University responded that there is no Career Progression Scheme for Isolated Category of Officers and, therefore, a Committee has been constituted to frame a policy/guidelines for such category of officers. Thereafter, the petitioner made a number of representations to the official respondents as she came to know that the private respondents have been accorded senior scale and selection scale, though they belonged to the same category as the petitioner, but no action has been taken by the official respondents. Hence, the present writ petition.

5. The respondent-University of Jammu has filed its reply to the writ petition in which it has, while admitting that the petitioner was appointed as an Assistant Administrative Officer in terms of order dated 13.02.2009, stated that she was appointed on compassionate grounds as a special case in relaxation of eligibility criteria and regular process of appointment. It has also been admitted that the services of the petitioner were confirmed w.e.f 16.11.2011, however, it has been submitted that the prescribed qualification for the post of Assistant Administrative Officer is Master’s Degree in a subject with minimum 55% marks, but the petitioner was appointed as a special case in relaxation of eligibility criteria and regular process of appointment.

6. The respondent-University in its reply has submitted that placement/promotional scheme in respect of Assistant Registrars and other equivalent Isolated Category of Officers was notified in terms of order No. Estab/17/6129 dated 27.06.2017, however, the said scheme was not implemented due to some reservations of the then President, JUOWA (Jammu University Officers Welfare Association) with respect to implementation of the said scheme with retrospective effect. It has been submitted that Career Progression Scheme has been adopted by the respondent-University in the case of Public Relation Officers which has been notified on the analogy of University of Kashmir but the same has not been notified in the case of other Isolated Category of Officers. On adoption of the scheme in respect of Public Relation Officers, private respondents No. 4 and 5 were placed in senior scale and subsequently, in selection scale. Similarly, respondent No.6 was placed in senior scale on the analogy of UGC Scheme notified vide No. 1-77/2015/U-11 (2) dated 02.11.2017 for Assistant Registrars.

7. It has been submitted that there are more Isolated Category of Officers in the University of Jammu who have not been placed in senior scale even after rendering more than 10 years of service. It has been further submitted that the representation of the petitioner regarding her placement in next higher pay scale has been placed before the Committee constituted to frame the policy/guidelines for placement/promotion of Isolated Category of Officers and the matter is still under consideration.

8. During pendency of the writ petition, the petitioner filed a supplementary affidavit whereby she has brought on record certain documents, which include a copy of resolution No. 118.80 adopted by the University Syndicate in its 118th meeting held on 14.11.2022, a copy of resolution of the University Council adopted pursuant to resolution dated 14.11.2022 of the University Syndicate and a copy of order dated 16.03.2023 according sanction for adoption of Career Advancement Scheme in favour of respondent No.6.

9. I have heard learned counsel for the parties and perused the record including the pleadings

10. The admitted facts which emerge from the pleadings of the parties are that the petitioner was appointed as Assistant Administrative Officer in Dhanwantri Library, University of Jammu in the pay scale of Rs.8000-13500 on probation for a period of two years in terms of appointment order dated 16.02.2009. Her services came to be confirmed w.e.f 16.02.2011 in terms of order dated 02.05.2012 issued by the respondent-University. It is not in dispute that the petitioner was appointed on compassionate basis without regular process of selection. While the petitioner claims that she was holding the requisite qualification of Master’s Degree with more than 55% marks, the respondent-University claims that she was not holding Master’s Degree with 55% marks and that her appointment was made in relaxation of qualification criteria. However, the dispute in the instant case seems to be whether the petitioner is entitled to be placed in the senior and selection scale on the analogy of the private respondents.

11. In the above context, it is to be noted that vide order dated 27.06.2017, the University Council authorized placement/promotional scheme in respect of Assistant Registrars/other equivalent Isolated Category of officers fulfilling all minimum eligibility conditions as applicable in the case of Assistant Registrars on the analogy of University of Kashmir and in accordance with the concurrence given by the Financial Advisor. As per this order, the Assistant Registrars and other equivalent Isolated Category of Officers having initial pay scale of Rs.15600-39100 with grade pay of Rs.5400 were to be placed in the senior scale with grade pay of Rs.6600 after five years and in selection scale with grade pay of Rs.7600 after another five years. The respondent-University claims that the said order was implemented only in respect of Assistant Registrars and later on, in terms of Kashmir Council’s resolution adopted on 22.04.2017, Career Progression Scheme was also adopted in the case of Public Relation Officers and, accordingly, the higher scales of pay were granted in favour of respondents No. 4 and 5. Since the petitioner is not a public Relation Officer, as such, she could not be placed in the higher scales of pay. It has been contended by the respondent-University that extension of Career Progression Scheme in the case of other Isolated Category of Officers including Assistant Administrative Officer is under consideration.

12. The petitioner by way of her supplementary affidavit has placed on record a copy of the resolution adopted by the University Syndicate on 14.11.2022 in its 118th meeting in which the case of respondent No.6, who also belongs to the Isolated category of officers was considered. It was resolved by the Syndicate as under:

“Sh. Guneet Singh Sudan, Assistant Director, Centre for IT Enabled Services and Management (ITES&M) and Incharge E Governance/GeM/ Services/E- Procurement for placement in the Grade Pay of Rs.7600 on the analogy of Assistant Registrars and equivalents as per the MHRD guidelines in pursuance to Financial Advisor (Universities) vide No. FA/Unit/Adoption/ payscale/JU/2017/175 dated 24.03.2017 be endorsed as per above table:

Resolved further that the same placement/promotion scheme shall also be applicable in case of other Isolated Officers appointed in the same pay scale and fulfilling the requisite eligibility criteria. However, there shall be no change in the designation and the placement shall be in their personal capacity. As soon the position is vacated by such incumbents, the post shall be reverted back to the original position on which the incumbent was initially appointed at the time of joining in the University.”

13. The aforesaid resolution of the University Syndicate was approved by the University Council vide resolution No. 87.74 dated 21.01.2023. The resolution besides approving the placement of respondent No.6, Guneet Singh Sudan in higher scales of pay, also provided as under:

“Resolved further that the same placement/promotion scheme shall also be applicable in case of all other Isolated Officers appointed in the same pay scale and fulfilling the requisite eligibility criteria. However, there shall be no change in the designation and the placement shall be in their personal capacity. As soon the position is vacated by such incumbents, the post shall be reverted back to the original position on which the incumbent was initially appointed at the time of joining in the University. It was observed that such matters/cases shall be taken up immediately in future without causing any delay.”

14. The respondent University pursuant to the aforesaid resolution of the University Council, while placing respondent No.6 in the higher scale of pay in terms of Career Advancement Scheme, did not issue any follow up order regarding implementation of Career Advancement Scheme in favour of other isolated category of officers appointed in the same pay scale and fulfilling the requisite qualification criteria. The resolution has been adopted by the University Council on 21.01.2023 and more than one year has elapsed since then, but no follow up action has been taken by the respondent-University for considering the case of the petitioner, who also belongs to the Isolated Category of officers falling in the pay scale of Rs.15600-39100 with grade pay of Rs.5400/-. There is no justification for the University to delay consideration of the case of the petitioner for grant of higher pay scales once the University Council has decided to accord the benefit of Career Advancement Scheme in favour of all the other isolated Category of Officers including Assistant Administrative Officers as is manifest from a reading of Agenda Item No.87.74 that was considered by the University Syndicate on 14.11.2022.

15. It has been contended by learned counsel for the respondent- University that the petitioner does not fulfill the minimum eligibility criteria as she was having less than 55% marks in Master’s Degree and her appointment was made in relaxation of eligibility criteria, therefore, even if, the Career Progression Scheme is extended to the category of Assistant Administrative Officers, still then, the petitioner is not entitled to higher scales of pay. In this regard, learned counsel for the respondent-University has produced a copy of marks sheet issued by the University of Jammu in respect of Master’s Degree Programme in English undergone by the petitioner which shows that she has obtained less than 55% marks in the said programme.

16. The petitioner may have been appointed initially on the basis of the aforesaid said certificate in relaxation of eligibility criteria, but, later on, it seems that she has M.Ed. Degree of Master of Education in the first division and a certificate in this regard has been issued in her favour on 02.06.2009, after she was appointed on compassionate basis. Therefore, the petitioner has acquired the requisite qualification with requisite percentage of marks in accordance with the eligibility criteria after her appointment. Thus, as on date of entitlement to higher scale(s) of pay, the petitioner, it seems, had acquired the minimum eligibility criteria. Therefore, she cannot be denied the benefit of higher scale(s) of pay.

17. Apart from the above, once the respondent-University granted relaxation in minimum eligibility criteria while appointing the petitioner to the post of Assistant Administrative Officer, it has to be deemed that she possesses minimum eligibility qualification. She cannot be asked to seek relaxation at every stage of her career advancement. In this regard, I am supported by the judgment of the Supreme Court in the case of Jagdish Kumar and others vs State of H.P and others, 2005 (13) SCC 606. In the said case, the Supreme Court, while considering a similar situation, observed as under:

“Further question is whether any relaxation was necessary while giving promotion as Assistant Draftsman. For being eligible to be considered for appointment as Assistant Draftsman, the requirements are indicated in Rule 6 (ii). Once the requirement of passing diploma of Draftsman Course is relaxed in terms of Rule 6(i) for appointment as Tracer, there is no necessity for again having relaxation for being considered as Assistant Draftsman. That contingency is already taken care of when relaxation is given for appointment as Tracer. Otherwise, a person who has been found eligible to be appointed as a Tracer will not be considered for promotion as Assistant Draftsman, even though there is no illegality attached to the appointment as Tracer. Such a view would go against the logic of relaxation for appointment as Tracer.

18. From the above analysis of law on the subject, it is clear that once relaxation in eligibility criteria is granted to an employee at the time of his/her appointment, he/she is deemed to have satisfied the minimum eligibility criteria and thereafter, he/she cannot be asked to seek relaxation in qualification at each stage of his/her career progression, unless the higher post prescribes a different qualification/criteria. Therefore, it is not open to the respondent-University to deny to the petitioner consideration to higher scales of pay on the ground that the petitioner had not obtained 55% marks in her Master’s Degree at the time of her appointment as Assistant Administrative Officer.

19. For the foregoing reasons, the writ petitioner is allowed and the official respondents-University of Jammu are directed to consider the case of the petitioner for grant of higher scales of pay i.e. senior scale, selection scale and super time scale in accordance with the decision taken by the University Council vide its resolution dated 21.01.2023 and in light of the observations made hereinbefore. The consideration shall be accorded by the official respondents/University of Jammu within a period of one month from the date of this order and the consequent necessary orders be issued within the aforesaid period.

Petition allowed.

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