APHC010092882021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] FRIDAY ,THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 5452/2021 Between: Pagonda Hari Babu ...PETITIONER AND The Spl Commissioner and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. KAVITHA GOTTIPATI Counsel for the Respondent(S): 1. GP FOR SERVICES III 2. K SWARNA SESHU The Court made the following Order: The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “…..to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents in not rectifying the error compute and fix the correct basic pay scale of the petitioner with retrospective effect from the date of his joining into the service in terms of the clarification provided by the All India Council for Technical Education in its Notification dt.20-05-2020 and to pay arrears of pay and 2 all other allowances along with interest on delayed payments and to grant such other relief or reliefs…….” 2. Brief facts of the case are that the petitioner joined as lecturer in Chemistry in Department of technical Education on 05.02.2013 in Government Polytechnic, Dharmavaram, Anathapur District vide proceedings No.G1/10087/2013 of the 1st respondent and presently working at S.V.Government Polytechnic, Tirupati, Chittor District. The petitioner was selected and inducted into the service as a full time lecturer through a competitive examination conducted by the Andhra Pradesh Public Service Commission notification vide No.19/2012, dated 30.07.2012 thereon mentioned AICTE 2006 Scales. At the time of appointment, the petitioner acquired Ph.d. and hence, the department has sanctioned five non- compoundable advance increments @ Rs.3,250/-to the petitioner as incentives for higher qualification vide proceedings Rc.No.C3/507/2013, dated 08.07.2013 of the 1st respondent. But the said incentives are showing separately as special pay without merging with basic pay i.e., No DA and HRA are admissible. While so, the 2nd respondent issued G.O.Ms.No.209, Higher Education (TE.I) Department, dated 20.11.2010 wherein orders have been issued for implementation of AICTE 2006 Scales to teachers, library and Physical education persons who are working in Government Polytechnics and institutions with effect from 01.01.2006, whereas non-compoundable advance increments shall take effect from 01.09.2008. As per para 12(c) of 3 G.O.Ms.No.209, in continuation, the All India Council for Technical Education (A.I.C.T.E) issued a Gazette Notification, New Delhi dated 05.03.2010. Hence, the petitioner made several representations to the 1st respondent i.e., on 09.01.2018, 23.02.2018, 10.06.2020 and on 29.07.2020 requesting to implement clarification of AICTE on merger of non-compoundable increments as integral part of the pay for those who joined after 01.01.2006. Apart from that, all Lecturers‟ Association has also submitted a representation on 12.06.2020 to the 2nd respondent, but no action has been taken by the respondents. Aggrieved by the same, the present writ petition has been filed. 3. The 1st respondent filed counter affidavit denying the allegations made in the writ petition and stated that, as per para 4(v) of G.O.Ms.No.209, Higher Education (TE.I) Department, dated 20.11.2010, “Each advance increment shall be at the rate of 3% of the sum total of pay in the relevant Pay Band and the AGP as applicable and is Non-compoundable”. As such, the 1st respondent sanctioned an amount of Rs.3,250/- in the Scale of pay of Rs.15,600-39,100 plus 6000 AGP vide Procs.No.C3/5007/2013, dated 08.07.2013 and shown as Special Pay. Therefore, no DA and HRA are admissible to the advance increments. It is further stated that the Government in G.O.Ms.No.209, Higher Education (TE.I) Department, dated 20.11.2010 have decided to implement the All India Council for Technical Education Revised Scales of Pay, 2006 to the Teachers, Library and Physical Education 4 personnel working in Government Polytechnics in the State w.e.f. 01.01.2006 and these scales may be called “The Andhra Pradesh Revised AICTE Scales of Pay, 2006” and the scales have come into force much prior to entry into service of the petitioner. It is further stated that all teachers, Library and Physical Education personnel working in Government Polytechnics are governed by APTES Rules, 2005 as amended from time to time and their pay and allowances are fixed as per the APRAICTE Scales of Pay, 2006 issued in G.O.Ms.No.209, dated 20.11.2010. Therefore, any clarification issued by the All India Council for Technical Education on “All India Council for Technical Education (Pay Scales, Service conditions and Qualification for the Teachers and other Academic Staff in Technical Institutions (diploma)) Regulations, 2010” does not apply to the teachers working in Government Polytechnics in the State of Andhra Pradesh. Therefore, prays to dismiss the writ petition. 4. Reply affidavit filed by the petitioner mainly contending that, as per G.O.Ms.No.209, Higher Education (TE.I) Department, dated 20.11.2010, “there is no mention of special pay and no DA and HRA are admissible to the advance increments.” It is further contended that, in the appointment order of the proceedings, it is clearly mentioned that the scale of pay to the post of lecturer shall be Rs.15,600-39,100 with AGP 5,400/- [AICTE 2006 Pay Scales] with usual allowances. Even though these scales come into force much prior to entry of petitioner‟s service, these scales are also applicable to petitioner. 5 5. Heard Ms.Gottipati Kavitha, learned counsel for the petitioner and learned Assistant Government Pleader for Services-III, for the respondents. 6. On hearing, learned counsel for the petitioner while reiterating the contents urged in the writ petition, submits that, there are erroneous computations in fixing my basic pay made by the then Principal and Administrative Officer (A.O.). The petitioner joined the employer organization and throughout career till date, the petitioner paid Rs.3,250/- as Special Pay instead of adding this amount into the basic pay. This incorrect computation had been causing financial loss to the petitioner and having a cascading effect in the future pay revisions. She further submits that the notification clearly states that, the allowances such as DA and HRA, etc.. shall be admissible on the non-compounded advance increments given as an incentive for higher qualifications and the financial loss will be severe with multiplication factor of 2.57 once the 7th pay revision is implemented. She further submits that the employees who are not eligible for receiving the incentives of non compounded advance increments were covered with the benefit which is very clearly explained by the AICTE about the section of employees who fall under the Pay Band-4 are not eligible for “Non-Compounded Advance Increments”. She further submits that the lecturers who are in Pay Band-3 are also receiving their non-compoundable advance increments as special pay and which is injustice as clarification given by AICTE Clarifications vide F.No.27- 6 4/AICTE/RIFD/Pay Scale/2018-19, dated 20.05.2020 in Serial No.2, clarified that the allowances such as DA and HRA, etc.. shall be admissible on the Non-Compounded additional increments given as an incentive for Higher Qualification. She further submits that the Commissioner of Collegiate Education, Andhra Pradesh given guidelines for sanction of incentive increments (Non-Compoundable Advance Increments) vide Rc.No.220/ UGC.Pf.3/2012, dated 07.06.2013. Therefore, learned counsel requests this Court to pass appropriate orders. 7. Per Contra, learned Assistant Government Pleader while reiterating the contents made in the counter affidavit, submits that, the pay of the petitioner has been rightly fixed in terms of G.O.Ms.No.209, Higher Education (TE.I) Department, dated 20.11.2010. He further submits that, Rule 9 of ruling 21(a)(i) of Andhra Pradesh Fundamental Rules clearly defined the „Pay‟ as “(a)Pay means the amount drawn by a Government Servant as (i)the pay, other than special pay or granted in view of his personal qualifications, which has been sanctioned for a post held by him substantively or in an officiating capacity, or to which he is entitled by reasons of his position in a cadre”. He further submits that the petitioner went on clarifications dated 04.01.2016 and 20.05.2020 of the All India Council for Technical Education, which are not applicable to the petitioner. The AICTE has not mandated the 7 State Governments to extend these rules to all Polytechnic Technical Institutions coming under the purview of the State Legislatures. 8. Perused the record. 9. On a perusal of the material on record, this Court observed that, the Commissioner of Collegiate Education, Andhra Pradesh vide Rc.No.220/ UGC.P.3/2012, dated 07.06.2013 issued guidelines and the relevant point reads as follows: “As clarified by the Government vide reference second read above each non compoundable increment has to be calculated separately and the amount so arrived may be multiplied by number of increments to be sanctioned. There after the total amount may be merged with basic pay of the employee. Admissible allowances are allowed on such advance non compoundable increments.” 10. It is the contention of the learned counsel for the petitioner that, as per AICTE Notification, the petitioner is eligible for 3% non-compoundable increments on basic pay with AGP and the allowances such as DA and HRA, etc. shall be admissible on non-compounded increments given as an incentive for higher qualification to the faculty members in degree/diploma level institutions. 11. Moreover, it is the contention of the learned Assistant Government Pleader that AICTE Notification dated 20.05.2020 is not applicable to the petitioner and the AICTE has not mandated the State 8 Governments to extend these rules to all Polytechnic Technical Institutions coming under the purview of the State Legislatures. 12. Having regard to the facts and circumstances of the case and on considering the submissions of both the learned counsels, it appears that, as per the proceedings of the Commissioner of Collegiate Education, Andhra Pradesh, dated 07.06.2013, it is clear that non-compoundable increment has to be calculated separately and the amount so arrived may be multiplied by number of increments to be sanctioned and thereafter, the total amount has to be merged with basic pay of the employee. Further, the same was clarified in the Gazette Notification vide All India Council for Technical Education (AICTE), dated 20.05.2020 at Serial No.2 that the non-compoundable increments has to be merged with basic pay and Academic Grade Pay. Hence, this Court is of the opinion that, the respondents had made error in fixing the correct basic pay scale of the petitioner. Therefore, this Court is inclined to allow the writ petition, directing the respondents to 13. Accordingly, the Writ Petition is allowed. The respondents are directed to fix the basic pay scale of the petitioner in terms of AICTE Notification, dated 20.05.2020 with retrospective effect from the date of his joining into service and pay arrears of pay with all other allowances, within a period of three (03) months from the date of receipt of a copy of this order. No costs. 9 14. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________ Dr. K. MANMADHA RAO, J Date : 24-01-2025 BMS