Bombay High Court
Alpana Pradeep Kulkarni Alias Alpana ... vs The State Of Maharashtra And Others on 7 May, 2024
Author: Vibha Kankanwadi
Bench: Vibha Kankanwadi
2024:BHC-AUG:9759-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.6045 OF 2019
Dr. Alpana w/o Pradeep Kulkarni
@ Alpana d/o Prabhakar Jahagirdar,
Age: 55 years, Occu.: Retired/Service,
R/o.08, Nandadeep Apt., Somesh Colony,
Behind Kalamandir, Nanded 431601.
Presently residing at :-
A/201, Nancy Brahma Residency,
Opp. Bavdhan Police Chowki,
NDA Pashan Road, Bavdhan,
Pune - 411021. .. PETITIONER
VERSUS
1. State of Maharashtra,
Through its Secretary,
Higher and Technical Education,
Mantralaya, Mumbai.
2. The Director,
Directorate of Technical Education,
3, Mahapalika Marg, Mumbai.
3. The Joint Director,
Directorate of Technical Education,
Regional Office, Osmanpura,
Aurangabad - 431005.
4. Shri Sharda Bhawan Education Society's
Nanded Pharmacy College (Poly),
Through its Principal,
Shyam Nagar, Nanded - 431605. .. RESPONDENTS
...
Mr. S. V. Dixit, Advocate for the petitioner.
Mr. N. S. Tekale, AGP for respondent Nos.1 to 3 - State.
Mr. A. N. Sabnis, Advocate for respondent No.4.
Mr. C. V. Dharurkar, Advocate for respondent No.5.
...
[1]
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CORAM : SMT. VIBHA KANKANWADI AND
S. G. CHAPALGAONKAR, JJ.
RESERVED ON : 22nd APRIL, 2024.
PRONOUNCED ON : 7th MAY, 2024.
JUDGMENT [Per Smt. Vibha Kankanwadi, J.] :-
. Rule. Rule made returnable forthwith. Heard learned Advocates
for the appearing parties finally by consent.
2. Present petition has been filed for issuing writ of mandamus
against respondent No.2 to grant senior pay scale and selection grade
scale to the petitioner taking into consideration the first date of
appointment of the petitioner and the gratuity amount along with the
interest at the rate of 18% per annum.
3. The factual matrix leading to the present petition are that the
petitioner came to be employed with respondent No.1 College as a
lecturer on 14.08.1987. She stood retired on 22.03.2008. The
petitioner had then opted the voluntary retirement after serving for
about 21 years. The petitioner contends that she was holding diploma
in Pharmacy and thereafter, she had completed M. Pharm degree on
14.06.1988. As per various Government Resolutions, especially
Government Resolution dated 26.05.1992 in relation to Career
Advancement Scheme, the senior pay scale as well as selection grade
ought to have been given upon the completion of 10 years of service
from the date of the appointment. She has been granted first benefit
[2]
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from 01.08.1998 as per order of respondent No.2 dated 07.05.2007,
which is wrong. She was also entitled to receive amount of
Rs.7,00,000/- towards gratuity, but amount of Rs.5,00,000/- only has
been given under the said head. The outstanding amount has been
claimed along with interest.
4. Affidavit-in-reply of Umesh Teniprasad Nagdeve, the In-charge
Joint Director of Technical Education, has been relied by respondent
Nos.1 to 3. The other facts are admitted, however, it is stated that as
regards the petitioner is concerned revised order came to be passed
on 29.07.2022 after it was realized that there was some mistake
taking into consideration the date of the appointment of the petitioner.
However, it has been contended that as regards gratuity is concerned
as per the Gratuity Act, the amount which is to be paid to the
petitioner depends upon the last basic pay multiplied by the length of
qualifying service (for six months it is considered as one qualifying
service) and it is to be divided by four for calculating the gratuity
amount. Here, the length of service is 20 years and seven months
only, so the petitioner was not entitled for the total gratuity amount
i.e. Rs.7,00,000/-. It is further stated that the petitioner tendered her
voluntary resignation after completing 20 years of service and
therefore, as per the sanctioned orders of the Accountant General
dated 01.04.2009, 19.12.2011 and 21.10.2020 she was entitled for
[3]
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total amount of Rs.5,16,908/- only. Due to the voluntary retirement,
she was not entitled for Rs.7,00,000/-. Hence, the contention of the
petitioner that she had not received the gratuity as per sixth pay
commission, is denied and not accepted. The revised order dated
29.07.2022 has been given along with the affidavit-in-reply. In the
said revised order, a chart is given, which reads as under :-
v- vf/kO;k[;kR;kps fu;fer iwohZ eatwj lq/kkfjr ofj"B iwohZ eatwj lq/kkfjr fuoM vfHkizk;
dz- uko] fo|k'kk[kk fu;qDrhpk dsyys k ofj"B Js.kh fnukad dsyys k fuoM Js.kh fnukad
o dk;Zjr laLFkk fnukad Js.kh fnukad Js.kh fnukad
1 Jhe- vYiuk 24@08@1987 01@08@1994 28@08@1994 01@08@1998 28@08@1998 Š fn-01@08@1988
iznhi dqyd.khZ ph fu;qDrh x`fgr
lsokfuo`Rr /k#u ;kiwohZ ofj"B
vf/kO;k[;krk Js.kh@ fuoM Js.kh
vkS"k/kfuekZ.k'kkL=] iznku dsysyh vkgs-
bfULVV~;qV vkWQ
QkeZlh] ukansM Š ijarw lapkyuky;kps
i= fn-
06@06@1988
vUo;s Jhe-dqyd.khZ
;kaP;k fu;qDrhl fn-
28@08@1987
iklwu ekU;rk fnysyh
vkgs-
Š rjh fn-
28@08@1987
iklwuP;k fu;fer
fu;qDrhuarj ,e
QkeZlh vgZrk /kkj.k
djhr vlY;keqGs
pkSF;k osru
vk;ksxkrhy
rjrwnhuqlkj 6 o"kkZauh
ofj"B Js.kh fn-
28@08@1993 jksth
ns;-
Šfu;fer fu;qDrhuarj
11 o"kkZauh fuoM Js.kh
fn-28@08@1998
jksth ns;-
English translation of the said chart is as under :-
Sr. Name of Date of Date of Date of Date of Date of Remark
No Lecturer, Regular Priorly Reformed Previously Reformed
Faculty and Appointment sanctioned Senior approved Selection
the name of Senior Pay Scale selection Grade
the scale Grade
Institution
[4]
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working
1 Smt. Alpana 24.08.1987 01.08.1994 24.08.1993 01.08.1998 24.08.1998 * Considering the
Pradip appointment on Date :
Kulkarni, 01.08.1988 the Senior
Retired Grade/Selection Grade is
Lecturer, given previously.
Pharmacy,
* But as per the letter
Institute of
dated 06.06.1988 of the
Pharmacy,
Directorate the
Nanded.
appointment of Smt.
Kulkarni is approved from
24.08.1987.
* However, from the
regular appointment from
the date 24.08.1987
holding M. Pharmacy
qualification, Senior
Grade (Scale) after 6
years as per the provisions
of 4th Pay Commission is
payable on 24.08.1993.
* Selection Grade is
payable on date
24.08.1998, after 11 years
of regular appointment.
[Translated by Senior Translator and Interpreter,
High Court of Bombay Bench at Aurangabad]
5. Learned Advocate for the petitioner is then accepting the date
that has been given in the above chart in respect of Senior Grade i.e.
date 24.08.1993 to be the correct date, but he submits that as
regards selection grade is concerned, it ought to have been
24.08.1997, but it has been wrongly stated as 24.08.1998 and in the
last column, it is said that the selection grade has been given after 11
years. When in fact as per the Government Resolution since the
petitioner has completed M. Pharm, she would get one year concession
and therefore, that date deserves to be corrected. He submits that
now in view of the explanation given in the affidavit-in-reply regarding
the gratuity, the petitioner has no objection in respect of the same.
[5]
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The rejoinder has also been filed by the petitioner after the affidavit-
in-reply was filed on behalf of respondent Nos.1 to 3.
6. In view of the aforesaid position, the dispute has been narrowed
down. Now, it is only in respect of date of the selection grade. It is
also to be noted that it is an accepted position that the Government
Resolution dated 27.02.2003 contemplates the grant of benefit of one
year to those who had completed M. Pharm i.e. the exemption of one
year for acquiring M. Pharm qualification while in service. It can be so
demonstrated in the order annexed along with affidavit-in-reply and
would make it clear that upon completion of 10 years from the service,
the said selection grade would be available. It is not in dispute that the
petitioner acquired the said qualification in service. The petitioner had
acquired the said degree of M. Pharm on 14.06.1988. Accordingly,
now, the revised order dated 29.07.2022 needs to be modified to the
extent of selection grade date and on these facts, the petition
deserves to be partly allowed. Hence, the following order :-
ORDER
I) The writ petition is hereby partly allowed.
II) Respondent No.2 is directed to grant selection grade pay
scale to the petitioner from 24.08.1997. Rest of the order dated
29.07.2022 to remain as it is.
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III) The arrears to be paid to the petitioner in two installments
of having duration of four months and the first installment to
start from 20.05.2024.
IV) Rule is made absolute in the above terms.
[ S. G. CHAPALGAONKAR ] [ SMT. VIBHA KANKANWADI ]
JUDGE JUDGE
scm
