Bombay High Court
Dr. Anis Ahmed Khan vs The State Of Mah. Thr. Secretary, ... on 18 November, 2022
Bench: A.S. Chandurkar, M. W. Chandwani
WP 2230-2021 1 Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 2230 OF 2021
Dr. Anis Ahmed Khan,
Aged about 43 years, Occ. Service,
Mahatma Gandhi College of Science,
Gadchandur, Dist. Chandrapur.
PETITIONER
.....VERSUS.....
1. The State of Maharashtra,
through its Secretary, Higher and Technical Education Department,
Mantralaya, Mumbai - 32.
2. Director of Higher Education,
Maharashtra State, Pune.
3. The Joint Director of Higher Education,
State of Maharashtra, Nagpur Division,
Civil Lines, Nagpur.
4. Gondwana University,
through its Registrar, Gadchiroli.
5. Mahatma Gandhi College of Science,
Gadchandur, through its Principal,
Gadchandur, Tal. Korpana, Dist. Chandrapur.
RESPONDENT S
Shri R.L. Khapre, Senior Advocate with Shri Pushkar Deshpande, Advocate for
the petitioner.
Ms. T.H. Khan, Assistant Government Pleader for respondent Nos. 1 to 3/ State.
CORAM : A. S. CHANDURKAR AND M.W. CHANDWANI, JJ.
DATE : 18/11/2022
ORAL JUDGMENT (PER : A.S. CHANDURKAR, J.)
Rule. Rule made returnable forthwith and heard the learned
Counsel for the parties.
2. The petitioner who is duly qualified to hold the post of
WP 2230-2021 2 Judgment
Lecturer/ Assistant Professor has challenged the order dated 11/8/2017
passed by the Joint Director of Higher Education thereby refusing to grant
the petitioner the benefits of Senior Scale as well as Selection Grade
under CAS. The reason for passing the impugned order was that the
petitioner had not submitted the requisite documents in support of such
prayer. After hearing the learned Counsel for the parties, the following
order was passed on 15/9/2022 :
"Heard.
The challenge raised in this writ petition is to the
order dated 11.08.2017 passed by the Joint Director, Higher
Education, Nagpur Division, Nagpur thereby refusing to
favourably consider the petitioner's request for pay-fixation as
directed by this Court in Writ Petition No.5189 of 2016. One of
the grounds of challenge raised by the petitioner is that pursuant
to the communication dated 25.05.2017 issued by the Office of
the Joint Director the petitioner had submitted all relevant
documents that were demanded by the said communication. Such
documents were submitted alongwith a covering letter dated
30.05.2017. It is urged that despite submitting all relevant
documents, the Joint Director has observed that the same have
not been tendered including the service book of the petitioner.
To consider this aspect we had on 13.09.2022
directed the learned Assistant Government Pleader to produce the
record of the said proceedings for perusal.
Today the said record has been produced by the
learned Assistant Government Pleader and it is seen that in
accordance with the same the petitioner did submit the documents
as demanded. We therefore find that the observation in the
impugned order that the copy of the service book was not
WP 2230-2021 3 Judgment
supplied is unwarranted. Similarly other documents in support of
the petitioner's claim are also shown to have been supplied.
In these facts we are inclined to direct the respondent
no.3 to reconsider the petitioner's application for grant of Senior
Scale and Selection Grade as per his entitlement. To facilitate
consideration of the matter, the petitioner shall remain present
before the Joint Director of Higher Education, Nagpur on
22.09.2022 and on that day submit all relevant additional
documents on which he seeks to rely upon. The respondent no.3
shall grant an opportunity of hearing to the petitioner and take a
decision within a period of three weeks from 22.09.2022.
Stand over four weeks."
Accordingly, the Joint Director of Higher Education examined
the case of the petitioner and by the report dated 12/10/2022 found that
the earlier service rendered by the petitioner at Dr. Babasaheb Nandurkar
Physical Education Institution, Yavatmal could be considered for grant of
CAS benefits as per the norms of the University Grants Commission. The
said report was then placed before the Selection Committee for placement
of Teachers in higher grade. In the meeting of the said Committee that
was held on 7/11/2022, the case of the petitioner was recommended for
placement in Senior Scale from 11/7/2005 and thereafter from
11/7/2010. The petitioner thereafter through the Institution submitted all
relevant documents in the office of the Joint Director of Higher Education
for consequential entries to be taken in the petitioner's service book. It
was requested that an order of pay fixation be also passed in the matter.
However, according to the Joint Director of Higher Education, since this
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Court had directed examination of relevant documents and the same
having been done, he was not inclined to take further steps in the matter.
In the said backdrop, the petitioner has filed Civil Application No.
2508/2022 praying that the said office be directed to pass an order with
regard to fixation of his salary.
3. Having considered the documents on record and in the light
of the recommendations of the Selection Committee for placement of
Teachers in higher grade, it is clear that the petitioner has been found
entitled to Senior Scale as per the report of the Joint Director dated
12/10/2022. Hence, it would be necessary to direct respondent No.3 to
pass consequential orders in the matter of fixing the petitioner's pay scale
in the light of his own recommendations. Accordingly, respondent No.3 is
directed to pass necessary orders fixing pay scale of the petitioner after
grant of Senior Scale and Selection Grade in terms of his order dated
12/10/2022. Necessary steps in that regard be taken within a period of
three weeks from receipt of copy of this order.
4. The Writ Petition is disposed of in the aforesaid terms. In the
result, Civil Application No. 2508/2022 also stands disposed of. Rule
accordingly. No costs.
(M.W. CHANDWANI, J.) (A.S. CHANDURKAR, J.)
Digitally signed bySUMIT CHETAN
AGRAWAL SUMIT
Signing Date:18.11.2022 16:56
