Dr. (Mrs.) Sadhana Shashikant ... vs State Of Mah. Thr. Its Secty., ...
2017 Latest Caselaw 3841 Bom

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                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT NAGPUR, NAGPUR.
                                             ...

WRIT PETITION NO.4326/2009

Dr. (Mrs) Sadhana Shashikant Waikar 9, Bhupeshnagar, Gorewada Road Nagpur-13. ..PETITIONER

v e r s u s

1) State of Maharashtra Through its Secretary Department Medical Education & Drugs Mantralaya, Mumbai-400 032.

2) Director of Ayurved, Government Dental College & Hospital Building 4th floor, St. Jorj Hospital Compound P. Dimelo Road, Mumbai-400 001.

3) Principal Shri Ayurved Mahavidyalaya Hanumannagar, Nagpur 440 009. ..RESPONDENTS

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Mrs. M.P. Munshi, Advocate for the petitioner Mrs.Geeta Tiwari, Assistant Government Pleader for respondent nos.1 &2 ............................................................................................................................

CORAM: R.K.DESHPANDE & MRS . SWAPNA JOSHI, JJ .

DATE OF RESERVING: 14.06.2017 DATE OF PRONOUNCEMENT:01.07.2017

JUDGMENT: (PER MRS.SWAPNA JOSHI, J.)

By this petition, the petitioner is seeking a declaration that

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she is entitled for senior pay-scale of Rs.3000-5000 with effect from

01.10.1993 and selection grade pay-scale of Rs.3700-5700 with effect

from 01.10.2001, along with consequential reliefs.

2. Brief facts of the case are that, the petitioner was appointed

as Lecturer in Shri Ayurved Mahavidyalaya, Hanumannagar, Nagpur, on

01.10.1985 vide letter dated 30.09.1985, in the subject of Kayachikitsa,

in the pay-scale of Rs. 700-1600. The petitioner was granted approval

with effect from 01.10.1985 itself, by the Deputy Registrar, (Acad.),

Nagpur University, Nagpur. According to the petitioner, after putting in 8-

years service, she should have been placed in the senior-scale of Rs.

3000-5000 as per the provisions of the Government Resolution (G.R)

dated 27.02.1989. The said placement in the senior-scale should have

been granted to the petitioner with effect from 01.10.1993 and the

selection grade from 01.10.2001. However the same is not granted on

the particular dates.

3. According to the petitioner, she acquired BAMS degree from

Nagpur University in the year 1978 and passed MD(Ayurved) in the year

1984. Furthermore, she is recognised as post-graduate teacher in the

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subject of Kayachikitsa. It is the case of the petitioner that she has

experience of under-graduate Teachers Reorientation course, sponsored

by the Ministry of Health and Family Welfare, Government of India, in

the subject of Panchkarma (part of Kayachikitsa), conducted from

01.07.1997 to 31.08.1997. The petitioner also claims that she attended

the Reorientation course from 02.11.1998 to 31.12.1998. The petitioner

had also been awarded certificate of registration by Maharashtra Board

of Ayurvedic and Unani Systems of Medicine, Bombay, on 29.09.1980.

The petitioner also claims that she has worked as post-graduate Guide in

Nagpur University in the year 1991 and has to her credit several

publications on various topics. According to the petitioner, inspite of

various representations made by her, the respondents have failed to take

action and denied her legitimate benefits of granting senior scale from

01.10.1993 and selection grade from 01.10.2001. According to

petitioner, she had already acquired the required qualifications and

experience and has published various works which are mentioned in the

petition inasmuch as she is fully qualified and eligible to get the senior

grade after serving 8-years and the selection grade with effect from

01.10.2001. In these circumstances, the petitioner has filed the present

petition.

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4. Mrs. Munshi, the learned counsel for the petitioner

contended that although the petitioner is qualified for the pay-scale of

Rs.3000-5000 with effect from 01.10.1993 and Rs.3700-5700 from

01.10.2001, she is denied the said benefits. She contended that other

similarly situated Lecturers have been granted the reliefs and for the

reasons best known to the respondents, the petitioner is not considered

for the higher pay scale. Mrs. Munshi, placed reliance upon the judgment

of this Court in Writ Petition No.1012/2000. She further placed reliance

upon the judgment in Writ Petition No.3008/1997 and conceded that the

petitioner is entitled for the reliefs from 01.01.1986 as per the G.R.

dated 27.02.1989.

5. Mrs.Geeta Tiwari, learned Assistant Government Pleader

submitted that the petitioner has not been considered for the benefits of

grant of senior scale and selection grade, as she was not qualified as per

the requirements of G.R. dated 27.02.1989.

6. We have heard the rival contentions of both the counsels

and carefully gone through the record of the case. In order to consider

the submission of learned counsel, Ms.Munshi, it is necessary to go

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through the provisions of G.R. dated 27.02.1989. Clauses 12 and 13 of

the said G.R. read as under :

"12. Every Lecturer/ Assistant Librarian/ Librarian/ Director/ Instructors of Physical Education, Assistant Director of Physical Education in the existing scale of Rs. 700-1600 will be placed in a senior scale of Rs. 3000-5000 if he/she has -

(a) completed 8 years of service after regular appointment with relaxation as provided in Para III above.

(b) participated in two refresher courses/summer institutes, each of approximately 4 weeks duration or engaged in other appropriate continuing education programmes of comparable quality as may be specified by the University Grants Commission.

(c) Consistently satisfactory performance appraisal reports.

Explanation: All such incumbents in the existing scale of Rs.

700-1600 who have completed 8 years of service on 1.1.1986, will be placed through a process of screening selection as indicated below in the scale of Rs. 3000-5000. The benefit of

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service provided in para 10 will be available for the initial placement also.

13. Every Lecturer, Library and Physical Education staff in the senior scale will be eligible for promotion to the post of Lecturer (Selection Grade) Reader/Deputy Librarian, Deputy Director of Physical Education in the scale of pay of Rs. 3700-5700 if he/she has -

(a) completed 8 years of service in the senior scale provided that the requirement of 8 years will be relaxed if the total service of the lecturer is not less than 16 years.

(b) obtained a Ph.D. Degree or a equivalent published work. (See statement Nos. 2 and 3)

(c) made some mark in the areas of scholarship and research as evidenced by self-assessment reports of referees, quality of publications, contribution to education renovation design of new courses and circulars etc.

OR

(c) made significant contribution to the development of Library services/Physical Education in University as evidenced by self-assessment reports of referees, professional improvement in the Library service/ Physical

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Education activities etc., as the case may be.

(d) participated in the refresher courses/ summer institutes each of approximately 4 weeks duration or engaged in other appropriate continuing education programmes of comparable quality as may be specified by the University Grants Commission, after placement in the Senior scale; and

(e) consistently good performance appraisal reports."

7. On careful scrutiny of the above-referred G.R., it is amply

clear that the effect of the G.R. is from 01.01.1986. Clause 12 stipulates

that every Lecturer/Assistant Librarian/Librarian/ Director/ Instructors

of Physical Education/Assistant Director of Physical Education in existing

pay-scale of Rs.700-1600, will be placed in a senior-scale of Rs. 3000

-5000, if he/she has completed 8 years of service after regular

appointment. Admittedly, the petitioner was appointed on 01.10.1985

in the subject of Kayachikitsa in the scale of Rs. 700-1600. She was

granted approval on the said post from 01.10.1985 vide letter dated

30.09.1985. The petitioner completed 8 years on 01.10.1993. However

as per the G.R. dated 27.02.1989 since the effect to the benefit is to be

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given from 01.01.1986 the petitioner is entitled for the benefit of senior

scale from 01.01.1994 which the learned counsel, Ms.Munshi, does not

dispute.

8. Clause 13 of the said G.R. postulates that every Lecturer,

Librarian and Physical Education staff in their senior-scale will be eligible

for promotion to the post of Lecturer (Selection Grade) Reader/ Deputy

Librarian, Deputy Director of Physical Education in the pay-scale of Rs.

3700-5700 if he/she has completed 8-years service in senior scale.

9. According to the petitioner, although she has not obtained

Ph.D. Degree, she has published equivalent works and she has to her

credit several publications. Therefore, she is entitled for selection Grade.

In our considered view, it is for the respondents to verify whether the

petitioner is entitled for the said benefit on scrutinising whether the

petitioner has obtained the requisite qualification and her eligibility for

securing selection grade.

10. As far as the judgment in Writ Petition No.3008/1997 is

concerned, in that case, the petitioner was given the benefits from the

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date of her appointment and not from 01.01.1986 as per the G.R. dated

27.02.1989. Be that as it may, we do not want to enter into the

controversy and verify the correctness of the said judgment as the

learned counsel, Mrs.Munshi, concedes that the services of the petitioner

be counted from 01.01.1986, for the purpose of fixation of her pay

scale.

11. As regards the judgment in Writ Petition No.1012/2000, the

pay-scales of the Librarian were fixed with effect from 01.01.1986,

considering the G.R. dated 27.02.1989. As already discussed above, the

said G.R. is applicable to the Librarians as well as Lecturers. Hence, it is

applicable to the case of the present petitioner.

12. In view of the facts and circumstances, the following order

is passed:-

ORDER

(i) The respondents are directed to fix the petitioner in the pay-scale of Rs. 3000-5000 from 01.01.1994 and verify whether the petitioner is eligible for the pay-scale of Rs. 3700-5700 from 01.01.2001, within a period of four months.

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(ii) The respondents are hereby directed to release the arrears due to the petitioner as expeditiously as possible and, in any event, within a period of four months from today. In case the respondent-State fails to pay the difference to the petitioner within the aforesaid stipulated period, the petitioner would be entitled for payment of interest on the arrears of amount as per the provident fund rate from 1.1.1994.

(iii) Rule is made absolute in the aforesaid terms. However, there shall be no order as to costs.

                        JUDGE                         JUDGE

sahare