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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.2499/2002
Dnyaneshwar Baburao Sawarkar,
aged 56 years, Occ. Service,
R/o. Shaniwarpeth, Deulgaonraja,
Dist. Buldhana. : PETITIONER
...VERSUS...
1. Shri Vyankatesh Arts and Commerce
College, Deulgaonraja, Dist. Buldhana,
through its Secretary,
2. Shri Vyankatesh Arts and Commerce
College, Deulgaonraja, Dist. Buldhana,
through its Principal,
3. Amravati University, through its
Registrar, Amravati.
4. The Joint Director of Higher Education,
Amravati Division, Amravati.
5. The State of Maharashtra, through
Secretary, Department of Education,
Mantralaya, Mumbai - 400 032. : RESPONDENTS
Mr. H.A. Deshpande, Advocate for Petitioner.
Mr. C.A. Lokhande, Assistant Government Pleader for Respondent
No.5.
CORAM : R.K. Deshpande & Manish Pitale, JJ.
DATE : 14.09.2017
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ORAL JUDGMENT (Per R.K. Deshpande, J.) :
1. This petition claims a relief of placement in the scale of Rs. 700-40-1100-50-1600 with effect from the date of acquiring Bachelor Degree in Librarian Science and consequently, in the pay scale of Rs. 3700-175-4950-150-5700 with effect from 01.01.1986.
2. The petitioner was appointed as Librarian in service of the respondent No. 1 - College in the year 1989. While in service, he acquired Bachelor Degree in Arts in the year 1979, Master Degree in Arts in 1982 and Bachelor Degree in Librarian Science in the year 1984 in third Division. The petitioner was denied the placement scale of Rs. 700-1600/- from the date of acquisition of the qualification of Bachelor Degree in Librarian Science on the ground that the petitioner did not possess Bachelor Degree in Librarian Science in first or second division. Undisputedly, the petitioner passed Master Degree in Arts in the third division so also, the Bachelor Degree in Librarian Science.
3. While denying the petitioner's placement in the pay-scale of Rs. 700-1600/-, it seems that the direction issued by the Government of India, Ministry of Human Resources Development (Department of Education) in its Circular dated 16 th January, 1987 ::: Uploaded on - 18/09/2017 ::: Downloaded on - 19/09/2017 01:24:35 ::: 3 1409WP2499.02.odt addressed to the State Government have been ignored. The directions are clear to the effect that those appointed prior to 31.12.1972, are entitled to relaxation of obtaining Master Degree in Librarian Science in first or second division. This question was considered by the Division Bench of this Court in Writ Petition No. 168/1997 (Prabhakar Laxman Pathak Vs. Nagpur Shikshan Mandal) decided on 11th March, 1998. This Court has held that in view of the direction given by the Government of India in the communication dated 16th January, 1987, the placement in the pay-scale of Rs. 700-1600/- cannot be denied for failure to posses the Master Degree or Training qualification in the first or second division. The controversy is therefore, concluded by this decision. We therefore, find no option but to allow this petition.
4. In the result, this petition is allowed. The respondents are directed to place the petitioner in the pay-scale of Rs. 700-1600/- on the post of Librarian with effect from the date on which the petitioner acquired the Bachelor Degree in Librarian Science and thereafter, to make the petitioner available all the revisions made applicable to the pay-scale of Rs. 700-1600/- from time to time. The entire exercise be carried out within period of four months ::: Uploaded on - 18/09/2017 ::: Downloaded on - 19/09/2017 01:24:35 ::: 4 1409WP2499.02.odt from the date of communication of this order to the respondents. The respondent Nos. 1 and 2 to submit the proposal accordingly to the respondent No.4 within a period of one month. The respondent No. 4 process and finalize it within a period of three months from the date of receipt of the proposal from the respondent Nos.1 and 2. The entire arrears calculated accordingly, be paid to the petitioner within further period of one month thereafter.
5. Rule is made absolute in the above terms. No order as to costs.
JUDGE JUDGE
Gohane
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