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CENTRAL INFORMATION COMMISSION
Room No.308, B wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
Appeal No. CIC/WB/A/2008/00849
Appellant: Dr. Anand Kumar Sharma
Public Authority: Government College of Art, Chandigarh
(through Shri Pawan Kumar, Stenographer)
Date of Hearing: 30/01/2009
Date of Interim Decision: 30/01/2009
FACTS
:-
By his letter of 07/05/2007, the Appellant had requested for the following
information:-
“Kindly supply me the instruction/rule/guideline. On the basis the
College Administration is not accorded the increments to me for higher
education (i.e. M.F.A. and Ph.D)”.
2. CPIO, vide his letter dated 28/05/2007, had furnished a copy of the AICTE
Guidelines regarding “incentives for higher education” and a copy of letter dated
23/03/2006 vide which the clarification from AICTE regarding the entitlement of MFA
Degree holders to the above incentives was sought. The Appellant did not file First
Appeal against the order of CPIO which lies with Shri Pirthi Chand, Joint
Secretary(Technical Education), UT of Chandigarh, and has preferred to file present
Appeal before the Commission.
3. The matter was heard on 30/01/2009. The Appellant appeared in person. The
Public Authority is represented by Shri Pawan Kumar, Stenographer. The Appellant
produces a copy of the Rules/Guidelines. Para 6.0 of the Rules is reproduced herebelow:-
“6.0 INCENTIVE FOR HIGHER QUALIFICATIONS
(a) At the time of recruitment as Lecturers four and two advance increments
will be admissible to those of Science/Humanities faculty who hold Ph.D degrees
and M.Phil Degree respectively and to those of the technical faculty who hold
Ph.D and ME/M Tech degree respectively.
(b) One increment will be admissible to those Science/Humanities teachers
with M.Phil and to those technical faculty with ME/M Tech who acquire Ph.D
within two years of recruitment.
(c) A Lecturer with Ph.D. will be eligible for two advance increments when
he moves into the grade of Lecturer (Selection Grade) as Asstt Professor.
(d) A teacher will be eligible for two advance increments as and when he
acquires Ph.D. degree in his service career.
……………………………………………………………………………………”
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4. It is the submission of the Appellant that he is working as Lecturer in Arts
College, Chandigarh and is Ph.D Degree holder. It is his say that ever since he joined
the College as a Lecturer in 2004, he has been requesting the Principal of the Arts
College to give him increments as provided in the above quoted Rules, but to no avail.
He would also submit that he had filed a suit in CAT, Chandigarh in this regard and the
CAT, vide order dated 07/05/2008, had ordered All India Council of Technical
Education, New Delhi (Respondent No.5 in the suit) – “to re-examine this aspect in the
light of our observations as above and take appropriate decision within a period of four
months from the date of receipt of a copy of this order.” It is his submission that four
months have since passed but AICTE has not yet decided the matter. He would also
submit that he has filed a contempt petition against the Home Secretary, Chandigarh
Administration and Chairman, AICTE, New Delhi and that the matter is going to come
up for hearing on 02/02/2009. He seeks adjournment for three weeks.
5. Shri Pawan Kumar has nothing to say in the matter and submits that the matter
may be decided as per records.
INTERIM DECISION
6. As the matter is pending in the CAT and as the Appellant has sought
adjournment, the matter is adjourned to 25/02/2009 at 12.00 hrs.
Sd/-
(M.L. Sharma)
Central Information Commissioner
Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges,
prescribed under the Act, to the CPIO of this Commission.
(K.L. Das)
Assistant Registrar
Tele: 011 2671 73 53