Dnyaneshwar Baburao Sawarkar vs Shree Vyanketesh Arts & ...
2017 Latest Caselaw 7192 Bom

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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

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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

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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