Gujarat High Court Overturns State Government's Salary Recovery Order for Engineering Faculty
The Gujarat High Court has delivered a landmark judgment, quashing the state government's controversial order to recover half of the salary from assistant professors employed in government engineering colleges. These educators had been paid their full salary during periods of study leave, a decision the court has now firmly invalidated.
Court Directs Full Salary Payment and Rejects Recovery Efforts
In a significant ruling, the court has also mandated that the state government must pay the full salary to those faculty members who were compensated with only half of their entitled pay during similar study leave periods. This case emerged from inconsistent government practices where some assistant professors received full salary while pursuing ME or MTech degrees—qualifications essential for their government positions—while others were paid merely half, citing an existing government resolution on study leave payments.
The government later attempted to reclaim the salary difference from those who had been paid in full, a move that prompted the affected lecturers to seek legal recourse through the high court. The court's decision addresses this disparity head-on, ensuring equitable treatment for all educators involved.
Legal Basis: AICTE Guidelines Override State Rules
Referencing the All India Council for Technical Education (AICTE) guidelines under the Quality Improvement Programme, the court emphasized that the grant of study leave does not stipulate half-pay arrangements. "As far as the grant of study leave is concerned, it nowhere suggests that it should be granted with half pay; rather, it speaks of granting study leave with pay," the court stated, highlighting the central authority's stance on the matter.
The state government had defended its half-pay decision by relying on service rules from 2002. However, the court ruled that these state provisions, being general in nature, cannot supersede a central act such as the AICTE Act of 1987. In instances of conflict, the central legislation prevails, reinforcing the supremacy of national educational standards over local regulations.
Court's Final Ruling and Implementation Timeline
In its conclusive judgment, the court declared, "The respondent is not entitled to recover any amount from the petitioners; rather, it is hereby held that all petitioners are entitled to full salary during the period of their study leave." This ruling not only halts the recovery process but also affirms the right of educators to receive their complete salaries while enhancing their qualifications.
To ensure compliance, the court has directed the government to calculate and disburse the arrears of the differential salary amount to the respective petitioners by May 31, 2026. Failure to meet this deadline will result in the accrued amount carrying an interest rate of 6% per annum from June 1, 2026, until full realization, adding a financial incentive for timely adherence to the court's order.
This judgment underscores the importance of consistent application of policies and the protection of educators' rights, setting a precedent for similar cases across the state and potentially influencing educational governance nationwide.
