• Delayed publication of clarification on pay regulation & problem

I am working as a Lecturer (Selection Grade Scale) in a Government Polytechnic under West Bengal Govt. from 14TH December, 1993 and is going to retire from service on 31.10.2016.
As per the W. B. Govt. Notification of Pay revision Order No. 574-TET(Poly)/5P-1/2010, dated 13.09.2010 [as enclosed under Sec-B- which was published after careful consideration of the published AICTE recommendations under the AICTE Pay Regulation(Diploma), 2010 [as enclosed under Sec-A vide F. No. 37-3/Legal/2010, dated 5Th March, 2010]. I was awarded three(03) non-compounded advance increments for my Ph.D (higher qualification) on and from 01.09.2008, at that time I was enjoying PB-4 Scale (Rs.37400-67000) but I never in my service entire tenure before have received any advance increment/s. But two(02) advance increments allowable as per the said G.O. was not allowed in my case for possessing M.Tech degree before joining this service.  While other lecturers with similar qualification were allowed five(05) advance increments at the same PB-4 Scale. 
I was objecting to the above and forwarded several request letters to the authority for allowing five increments, but since my retirement date is very near, therefore, I have withdrawn my appeals for two more increments and requested my Principal and DDO on 21.01.2016 to send my Pension Papers to the appropriate authority with my current pay status.
But on 04.01.2016 AICTE (Central Govt. Gazette notification AICTE Pay Regulation(Diploma), 2016) has published another Notification [as enclosed under Sec-D vide F. No. 27/RIFD/Pay Scale/01/2013-14, dated 4Th January, 2016] which issues clarification on AICTE Pay Regulation, 2010, mentions that the incentives [non-compounded advance increments for Ph.D / M.Tech (higher qualification)]  are not to be allowed in PB-4 scale (Rs. 37400-67000) but will have to be allowed only in the PB-3 Scale (15600-39000).
In between AICTE publications 2010 and 2016, AICTE published one more notification [AICTE Regulation 2012] only regarding Career Advancement Scheme (CAS) as published in the Central Govt. Gazette [as enclosed under Sec-C vide F. No. 37-3/Legal/AICTE/2012, dated 8Th November, 2012], which issues clarification on different Pay scales allowable at different stages of Service Career. 
Since I am a staff under the Govt. of W.B. therefore all Govt. order (G.O.) are directly applicable in my case but other than Sec-B no other G. O. is published till date by the Govt. of W.B.
Now my queries are as follows:-
Whether, my increments as incentives for higher qualifications shall be withdrawn and Pay should be re-fixed curtailing my increments?
If the incentive-increments are to be withdrawn then from which dates?
Should I have to return my excess salary payment? 
My DDO has verbally informed me that my case will be forwarded to the Pension sanctioning authority only after receiving clarification from the higher authority. Whether I shall receive my pension at the due time or not since pension papers are required to be submitted to the sanctioning authority clearly six months ahead? What should I communicate to my DDO for speedy forwarding and sanction of my Pension.
What will happen to the other Lecturers with similar qualifications enjoying similar or more (five-05) increments and who have considerable period service left?
What will happen for those Lecturers who have already retired enjoying similar benefit?
Please suggest me about the matter. [Relevant portions are highlighted in yellow].
Relevant parts of the Pay revision Orders are:
Sec-A.
As per the AICTE/ Govt. of India (Gazzate notification No.69, Part-III, Sec-IV, 13TH March,2010):-
U/S) 1. Short title, application and commencement: 
1.3. They shall come into force with the effect from the date of their Publication in the Official Gazette.
U/S) Incentives for Ph.D./M.Tech. and other higher qualification: 
(iii)	Those possessing post graduate degree in a professional course such as M.Tech. in relevant branch / discipline recognised by a Statutory University shall also be entitled to 2 non-compounded advance increments at the entry level.
(iv)	Teacher who completed their Ph.D degree while in service shall be entitled to three non-compounded increments if such Ph.D is in the relevant branch / discipline and has been awarded by a University complying with the process prescribed by the UGC for enrolment, course-work and evaluation etc.
(v)	However, Teacher’s in service who have been awarded Ph.D at the time of coming into force of this scheme or having been enrolled for Ph.D have already undergone course-work, if any, as well as evaluation, and only notification in regard to the award of Ph.D is awaited, shall also be en-titled to the award of three non-compounded increments even if the University awarding such Ph.D has not yet been notified.
(xiv)	Notwithstanding anything in the foregoing clause, those who have already availed the benefits of advance increments for possessing Ph.D  /M.Tech, at the entry level under the earlier scheme shall not be entitled to the benefits of advance increments under this scheme.
(xv)	For posts at the entry level, where no such advance increments were admissible for possessing Ph.D / M.Tech, under the earlier scheme, the benefit of five advance increments for possessing Ph.D / M.Tech shall be available to those appointments which have been made on or after the coming into force of this scheme.
U/S) Other terms and condition:   
(i)	Each annual increment shall be equivalent to 3% of the sum total of Pay in the relevant Pay Band and the AGP as applicable for the stage in the Pay Band.
(ii)	Each advance increment shall also be at the rate of 3% of the sum total of Pay in the relevant Pay Band and the AGP as applicable and shall not be non-compoundable.
(iii)	The number of additional increment(s) of placement at each higher stage of AGP shall be as per the existing scheme of increments on promotion from lower Pay scale to higher Pay scale; however, in view of considerable rise in effective Pay between the two Pay Bands, there shall be no additional increment on movement from the Pay Band of Rs. 15600-39100 to the Pay Band of Rs. 37400-67000.
U/S) Date of implementation of revised Pay and allowances and payment of arrears:    
(i)	The revised Pay and the rates of dearness allowance under scheme shall be effective from 01.01.2006. The revised rates of all other applicable allowances such as House rent allowance, Transport allowance, Children Education allowance, etc. and non-compounded advance increments shall take effect from 01.09.2008.
Sec-B.
As per the G.O. of the Department of Technical Education & Training, Govt. of West Bengal vide G.O. No. 574-TET(Po;y)/5P-1/2010 dated 13TH Sept, 2010.
U/S 2. Now, after careful consideration of the matter, the Governor has been pleased to accord sanction to the revised Pay structure with corresponding Academic Grade Pay(AGP) notionally with effect from 1ST January, 2006 as detailed bellow for Principals and Lecturers of Government and Government Sponsored Polytechnics of this State:
   U/S 3. Incentives for Ph.D./M.Tech. and other higher qualification:
     (iii)  Those possessing post graduate degree in a professional course such as M.Tech. in relevant branch / discipline recognised by a Statutory University shall also be entitled to 2 non-compounded advance increments at the entry level.
(iv)    Teacher who completed their Ph.D degree while in service shall be entitled to three non-compounded increments if such Ph.D is in the relevant branch / discipline and has been awarded by a University complying with the process prescribed by the UGC for enrolment, course-work and evaluation etc.
(iv)	 However, Teacher’s in service who have been awarded Ph.D at the time of coming into force of this scheme or having been enrolled for Ph.D have already undergone course-work, if any, as well as evaluation, and only notification in regard to the award of Ph.D is awaited, shall also be en-titled to the award of three non-compounded increments even if the University awarding such Ph.D has not yet been notified.
(viii)	All the advance increments shall take effect from 01.09.2008 or thereafter.

Sec-C.
AICTE regulation 2012 (Career Advancement Scheme[CAS] for Polytechnic Staff).
All India Council for Technical Education (Career Advancement Scheme for the Teachers and other Academic Staff in Technical Institutions) (Diploma) Regulations 2012.
U/S 1.  They shall apply to all Technical Institutions approved by the AICTE imparting Technical education and such Other Course / Programs and areas as notified by the AICTE from time to time.
1.3.   They shall came into force with effect from the date of their publication in the official Gazette.
Provided that in the event, any candidate becomes eligible for promotion under Career Advancement Schemes in terms of this regulations on or after 5Th March 2010. The promotion of such a candidate shall be governed by the provisions of these regulations.
[Not relevant to the matter related to the Incentives for Ph.D./M.Tech. and other higher qualification.]

Sec-D.
AICTE regulation 2016 (Clarifications on certain issues/anomalies pertaining to qualifications, pay scales, Service Conditions, CASs, etc. for Teachers and other Academic staffs of Technical Institutions (Polytechnics):-
U/S I.  Short title, application and commencement:
(b) They shall apply to all Technical Institutions conducting Technical education and such Other Course / Programs and areas as notified by the AICTE from time to time.
U/S II. General:
AICTE has received several representation seeking clarifications on certain issues arising out of implementation of AICTE regulations No. 37-3/Legal/AICTE/2010 dated 5Th March, 2010 on revised Pay scales, Service Conditions and Qualification for the Teachers and other Academic Staff in Technical Institutions (Degree and Diploma) Regulations, 2010 (here in after referred as regulation 2010) and No. 37-3/Legal/AICTE/2012 dated 8TH November, 2012  on Career Advancement Scheme for the Teachers and other Academic Staff in Technical Institutions (Degree and Diploma) Regulations, 2012 (here in after referred as regulation 2012). Some of the issues raised from the AICTE previous notifications have also been included.

The clarifications on certain issues of Teachers and equivalent positions are given bellow:
(A)	ISSUES RELATED TO QUALIFICATION. (Not Applicable in this case).

(B)	ISSUES RELATED TO PAY REGULATIONS.
Sl. No. 	Issue	Clarification
19	Disparity between the Senior and Junior Faculty with similar qualification upgraded through CAS promotion in the year 2005 and 2006 respectively in Technical Institutions (Degree/Diploma), due to one additional at the time of financial upgrading as per AICTE regulation, 2010.	Stepping up of Pay shall be carried out in a manner similar to the recommendations made in the issue No.18 (as given bellow).
[To remove the anomaly where senior professor recruited directly prior to 01.01.2006, who are drawing less pay in the revised pay scale than his junior who is recruited after 01.01.2006, the basic pay of the senior professor should be stepped up in accordance with CCS(RP) Rules 2008 to an amount equal to Pay in the Pay Band as fixed for his junior in that post. The stepping up should be done with effect from the date of joining of the junior, taking over seniority of the person in the Institute across all disciplines.]
24	Clarification invited to extend the clause 1a(xiv) of AICTE Regulations, 2010 (Diploma) for the Lecturer (Selection Grade), who have Ph.D qualification.	The committee recommends that criteria for API for acquiring the Grade Pay of Rs.10000 may be considered for all eligible candidates. Other condition will be the same as for HOD and as defined in AICTE Regulations, 2012 (Stage 5). However, AGP of Rs. 10000 of such eligible candidates shall be fixed from the date not before the publication of AICTE Regulations, 2012 in Official Gazette.

(C)	RELATED TO INCENTIVE/NON COMPOUNDED ADVANCE INCREMENTS.
Sl. No. 	Issue	Clarification
25	Admissibility for Non compounded advance increments/ non compounded increments (Degree/Diploma Institutions) as a incentive for Ph.D /M.Tech. and other higher qualifications.  	(i)	There shall be no increments on completion of PDF/D.Sc. fellowship Programs.
(ii)	There shall be no advance increments for acquiring M. Tech./M. Phil. Or Ph.D degree to those who are already working as a regular faculty with lower qualification and where such higher basic qualifications are/were essential for the Post.
(iii)	Non compounded advance increments (Three/Two/One) on acquiring Ph.D/ M. Phil. / M. Tech.  And other qeual qualifications, while in service, wherever applicable in AICTE regulation, 2010 shall be granted in PB-3 (Rs. 15600-39100) only. The advance increments for those who acquired Ph.D/ M. Phil. / M. Tech. and other equivalent qualifications, while in service are not allowed in PB-4 (Rs. 37400-67000).
(iv)	N.A.
(v)	No advance increments are admissible to those who acquired M.E./M.Tech. qualification prior to 01.01.2006, while in service.
25	Whether, a faculty of Degree/ Diploma Technical
Institutions is eligible for one additional increment at the time of up-gradation through CAS at each higher stage of AGP [Sub para (iii) under Para Increments] as per AICTE Regulations, 2010.	Yes, one additional increment to be given at the time of up–gradation through CAS in each higher stage of AGP in PB-3 & PB-4 irrespective of existing scheme of increment on promotion from lower Pay Scale to higher Pay Scale in Vth CPC.
However, there shall be no additional increment on movement from PB-3 to PB-4.
26	Whether, a faculty of Degree/ Diploma Technical
Institutions is eligible for one additional increment at the time of up-gradation through CAS at each higher stage of AGP [Sub para (iii) under Para Increments] as per AICTE Regulations, 2010.	Yes, one additional increment to be given at the time of up–gradation through CAS in each higher stage of AGP in PB-3 & PB-4 irrespective of existing scheme of increment on promotion from lower Pay Scale to higher Pay Scale in Vth CPC.
However, there shall be no additional increment on movement from PB-3 to PB-4.
27	Effective date (i.e. retrospective/ prospective) of applicability of Ph. D in Relevant branch/ discipline for entitlement of three non-compounding increments. (Faculty who have enrolled/obtained Ph.D before the issue/ implementation of AICTE Regulations, 2010).	AICTE Regulations, 2010, sub Para (v) of Para under incentive for Ph. D /M. Tech and other higher qualification is applicable. These shall come into force with effect from the date of their publication in the Official Gazette.




(D)	 ISSUES RELATED TO CAREER ADVANCEMENT SCHEME (CAS)
Sl. No. 	Issue	Clarification
34	Effective date of implementation of Pay scale through CAS: i.e. from the date of completion of Ph.D or else, where such qualification is essential.	The effective date of implementation of CAS is from the date of acquiring essential qualification for the post subject to fulfilment of other eligibility conditions as laid down in AICTE Regulations/ Notifications issued from time to time.
35	Whether CAS guidelines issued in 2012 (Degree/Diploma) are in continuation of AICTE Regulations, 2010 and its applicability to the existing incumbents. 
	AICTE Regulations, 2012 have been issued in continuation of AICTE Regulations, 2010. All conditions laid down shall be applicable to existing incumbent as well as for newly recruited teachers (as defined in AICTE Regulations, 2012), unless otherwise specified separately. This Regulation is applicable as per the proviso of Rule 1.3 of AICTE Regulations, 2012.
38	Consideration to relax API score (Degree/ Diploma) between 05th Mar. 2010 and issue of AICTE Regulations, 2012 on 8th Nov. 2012.	Relaxation in API score is applicable for the period of 03 years only (till date 7-11-2015) from the issue of AICTE Regulations 2012 in Official Gazette. Thereafter, API score shall be implemented.

(E)	MISCELLANEOUS ISSUES
Sl. No. 	Issue	Clarification
63	Clarity is cited in AICTE Regulations, 2012 (Diploma) in Table III (page 49): Lecturer (stage 4) to (Stage 5) sub-Para (ii) in column 4.	Sub-Para (ii) shall be read as:
A minimum of 03 publications since the period that the teacher is placed in stage 4.
67	To consider AMIE along with M.E/M.Tech. degree acquired through contact mode (i.e. Regular/part time) for the appointment as a faculty in Technical Education.	Yes

Annexure-II 
3. 
	Stage of Promotion Under Career Advancement Scheme of Incumbent and Newly Appointed Lecturer :
Para- 3 of AICTE Regulations, 2012 (Diploma)
3.1	Entry level Lecturer (stage 1) would be eligible for promotion under the career advancement scheme (CAS) through three successive stages (stage 2, stage 3 and stage 4), provided they are assessed to fulfil the eligibility and performance criteria as laid down in next clause.
3.2	In order to remedy the difficulties of collecting retrospective information and to facilitate the implementation of these Regulations from 5th March, 2010 in the CAS promotion, the API based PBAS will be progressively and prospectively rolled out. Accordingly, the PBAS based on the API scores of categories I and II as mentioned in the tables of Appendix I is to be implemented for one year, initially based on the existing systems in Universities/ Colleges for one year only with the minimum annual scores as depicted in Table II (A) for Colleges teachers. This annualized API scores can then be compounded progressively as and when the teacher becomes eligible for CAS promotion to the next cadre. Thus, if a teacher is considered for CAS promotion in 2013, one year API scores for 2012-13 alone will be required for assessment. In case of a teacher being considered for CAS promotion in 2014, two year average of API scores for these categories will be required for assessment and so on leading progressively for the complete assessment period.
3.3	Incumbent and newly recruited Lecturer, possessing Ph. D. Degree in the relevant discipline shall be placed in the Pay Band of Rs. 15600-39100 with AGP of Rs. 6000 (stage 1) and eligible, for moving to the next higher grade of Rs.7000 (stage 2) as Lecturer (Senior Scale) after completion of four year service as Lecturer.
3.4	Incumbent and newly recruited Lecturer possessing M. Phil Degree or a Post-Graduate Degree in professional courses approved by the relevant statutory body shall be placed in the Pay Band of Rs. 15600-39100 with AGP of Rs. 6000 (stage 1) and eligible for moving to the next higher grade of Rs.7000 (stage 2) as Lecturer (Senior Scale) after completion of five year service as Lecturer.
3.5	Incumbent and newly recruited Lecturer with B.E. / B. Tech qualification in appropriate branch / discipline either entering the teaching profession newly or Lecturers already .in service in Polytechnic Institutions shall be designated as Lecturer and shall be placed in the Pay Band of Rs. 15600-39100 with AGP of Rs. 5400 and will move to AGP of Rs. 6000 on completion of Master’s qualification in appropriate branch / discipline.
Further, Incumbent and newly recruited Lecturer who do not have Ph.D. or a Master's degree in the relevant branch / discipline of a program shall be eligible for the AGP of Rs. 7,000 (stage-2) as Lecturer (Senior Scale) only after completion of 9 years service as Lecturer.
3.6	The upward movement from the entry level grade (stage 1) to the next higher grade of Rs.7000 (stage 2) as Lecturer (Senior Scale) for all Lecturers shall be subject to their satisfying the API based PBAS conditions laid down by the AICIE in these Regulations.
3.7	Lecturer ( Senior Scale) who has completed five years of service in the grade of Rs 7000 (stage 2) shall be eligible subject to meeting the API based PBAS requirements laid down by these Regulations, to move up to next higher grade of Rs 8000 (stage 3) as Lecturer (Selection Grade) in Pay Band of Rs. 15600-39100.
3.8	Lecturer (Selection Grade) completing three years of teaching in the grade of Rs.8000 (stage 3) shall be eligible subject to the qualifying conditions and the API based PBAS requirements prescribed by these Regulations, to move to the Pay Band of Rs.37400-67000 with next higher grade of Rs.9000 (stage 4) and to be re-designated as Lecturer (Selection Grade). However, those joining the Service after 5th March 2010 shall have also earned Ph. D in addition to above mentioned requirements to move to the stage 4 subject to following.
(a) Satisfying the required credit points as per API based PBAS requirements as provided in Tables of Appendix 1 and 
(b) An assessment by a duly constituted Selection Committee as suggested for the direct recruitment of Head of Department.
3.9	Head of the Department (HOD)/Lecturer (Selection Grade), completing 3 years of service in the AGP of Rs.9000 and possessing a Ph.D Degree in the relevant discipline shall be eligible, subject to other conditions of academic performance as laid down by the AICTE, shall be placed in Rs. 37400-67000 with AGP of Rs. 10000 (stage 5).


                                                                                                                       [RAKENDU MANDAL]
Asked 10 months ago in Labour from Kolkata, West Bengal
1) your incentives would be with drawn and pay re fixed 

2) it would be re fixed from date these benefits were granted to you 

3) your excess salary paid to you would be  adjusted against future payments made to you 

4) your pension payments may be delayed pending clarifications to be issued 

5) other employees who have been granted 5 increments will also have their incentives with drawn 

6) as far as retired employees are concerned the action to be taken would depnd upon clarifications issued by the authorities . 
Ajay Sethi
Advocate, Mumbai
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