Bombay High Court
Dr Kalyan Govind Joshi And Anr vs The State Of Mah And Ors on 26 April, 2016
Bench: S.S. Shinde
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.1929/2012
WITH
CIVIL APPLICATION NO.5432 OF 2016
IN
WRIT PETITION NO.1929/2012
WITH
CIVIL APPLICATION NO.16063/2015
IN
WRIT PETITION NO.1929/2012
DR KALYAN GOVIND JOSHI
DIED LRS
1/A. Smt. Meena Kalyanrao Joshi
age 59 years, occu. Household.
1/B. Dr.Amol s/o Kalyanrao Joshi
age 34 years, Occu. Medical Practitioner,
1/C. Shri Amit s/o Kalyanrao Joshi,
age 30 years, occu. Service.
All r/o 15-A, Snehakamal,
Siddheshnagar,
Shreyanagar, (South),
Aurangabad.
2 Dr. Shaikh Mohammed Muntajabuddin
s/o Mohammed Nizamuddin,
age 67 years, Occu. Retired (Pensioner),
r/o 15, Maulana Azad Housing Society,
Rozabagh, Aurangabad. ... PETITIONERS.
VERSUS
1 The State of Maharashtra,
through its Chief Secretary,
Dept. of Higher and Technical Education,
Mantralaya Annexe, Mumbai - 400032.
2 Dr. Babasaheb Ambedkar Marathwada University,
through its Registrar,
Administrative Building,
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University Campus, Aurangabad.
3 The Regional Joint Director,
Higher Education, Aurangabad
Division, Near Deogiri College,
Station Road,
Aurangabad.
4 Government College of Arts &
Science, Aurangabad, through
its Principal.
5 Maulana Azad College of Arts,
Science and Commerce, Aurangabad,
through its Principal. ... RESOPNDENTS.
...
Advocate for Petitioners : Smt. Neha Kamble h/f Mr.Adwant
S.V.
AGP for Respondents 1 & 3 : Mr.V.S. Badakh.
Respondents No.2,4 & 5 served - absent.
...
CORAM : S.S. SHINDE & SANGITRAO S. PATIL, JJ.
Dated: April 26, 2016.
ORAL JUDGMENT [PER S.S. SHINDE,J}:-
The learned Counsel for the petitioners, on
instructions, submits that though there are multiple
prayers in the writ petition, the petitioners are
pressing the petition confining it only to prayer
clause (b). The learned Counsel for the petitioners
submits that the issue raised in this petition /
application is covered by the judgment and order
dated 10th April, 2015 delivered by this Court in Writ
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petition No.440 of 2015 (Dr.Jeurkar Ramkrishna
Keshavrao and others Vs. The State of Maharashtra and
ors).
2 Rule. Rule made returnable forthwith. Heard
finally by consent of parties.
3 The learned counsel for the petitioners submits
that vide Government Resolution dated 11th December,
1999, the Government took a decision to award revised
pay scale and also increments towards the Career
Advance Scheme ("CAS" for short) benefit would be
given to the teachers who had secured Ph.D. degrees.
According to learned counsel, as per the said
Government Resolution, the effective date of
implementation was 1st January, 1996, for those who
had acquired Ph.D. degrees earlier to the said date
and those who acquired subsequently, it would be from
the date they acquired Ph.D. degree. Learned
counsel submits that the petitioners have all
superannuated and they have acquired Ph.D. degrees
prior to 1.1.1996, still, the benefit of career
advancement scheme is not given to them.
4 Learned counsel submits that even the Secretary,
University Grants Commission, vide its letter dated
February 15/23, 2000, has in unequivocal terms stated
that the benefit of two advance increments in lieu of
Ph.D. degree is available to the teachers who have
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acquired Ph.D. degree on or before 1.1.1996. Advance
increments are part of revised pay scales and same
shall be applicable w.e.f. 1.1.1996.
5 Mr.Badakh, learned AGP submits that the Under
Secretary, UGC has recommended and clarified that
benefit of two increments to those who have acquired
Ph.D. degree on or before the cut of date, will be
entitled for the advance increments from 27.7.1998.
In the light of that, the petitioners who have
completed Ph.D. degree prior to 1.1.1996 will be
entitled to benefit of CAS, only from 27.7.1998.
6 There does not appear to be dispute between the
parties that the CAS i.e. benefit of 2 increments is
available to the petitioners, who have all retired on
attaining age of superannuation and that they have
completed their Ph.D. degree prior to 1.1.1996. In
the light of the said fact, the only dispute is with
regard to the date of applicability of the said
Government Resolution.
7 This court in various matters, such as W.P. No.
1084 of 2003, vide order dated 1.7.2005, has held
that the teachers are entitled for two advance
increments w.e.f. 1.1.1996. Said judgment is passed
by the Division Bench relying on the judgment of the
Kerala High Court.
8 Even the Government Resolution dated 11th
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December, 1999, which makes the scheme applicable
specifically lays down that the revised scales of pay
will be implemented w.e.f. 1.1.1996. Even the letter
dated 15/23rd February, 2000, states that the advance
increments are part of revised pay scales and same
would be applicable w.e.f. 1.1.1996.
9 Considering all the aforesaid aspects of the
matter, the teachers who have acquired Ph.D. prior to
1.1.1996, will be entitled for benefit of two advance
increments towards career advancement scheme w.e.f.
1.1.1996.
10 In the light of the above, we pass the following
order :-
[a] The petitioners who have completed their
Ph.D. Degree prior to 1.1.1996 shall be given benefit
of two increments of Rs.420/-. The respondents shall
make the payment of the said benefit of two
increments of Rs.420/- w.e.f. 1.1.1996 to the
petitioners, with all consequential benefits,
expeditiously. The Writ Petition as also civil
applications stand disposed of.
[b] Rule is made absolute in above terms. No
costs.
[SANGITRAO S. PATIL, J.] [ S.S. SHINDE, J.]
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