PROF C D TASE Vs. UNIVERSITY OF BOMBAY

JUDGEMENT

(1.) This is an appeal by Special Leave under Article 136 of the Constitution of India from the judgment of Bombay High Court dated 6th March, 1987 in Writ Petn. No. 1166 of 1981.

(2.) The appellant, C. D. Tase, joined the college run by Vidya Prasarak Mandal, Thane, on June 15, 1971 as a lecturer in the pay-scale of Rs. 300-25-600 prescribed by the University Grants Commission pursuant to the recommendations made by the Second Pay Commission. By Government Resolution No. USG 1167-U dated November 6, 1967, the Government of Maharashtra had accepted in principle the Government of India scheme based on the recommendations of the University Grants Commission for improvement of salary scales of University teachers and teachers in affiliated Arts, Science, Commerce and Secondary Training Colleges. Accordingly, the Government of Maharashtra directed all the Universities in the State to implement the pay scales recommended by the Commission. The scales recommended were to take effect from April 1, 1966. Three scales were recommended for lecturers, namely, Rs. 300-25-600 (Lecturers, Junior Scale), Rs. 400-30-640-40-800 (Lecturers, Senior Scale) and Rs. 700-40- 1100 ,(Senior Lecturers). The Universities in turn directed colleges affiliated to them to implement the recommendations accepted by the State of Maharashtra. The appellant's college was at the material time affiliated to the University of Pune. The Additional. Director of Education, Maharashtra State by his letter No. S-95/127-A dated January 18, 1968 addressed to the Principals of non-Government Arts, Science, Commerce and S.T. Colleges in the State directed the colleges to implement the recommendations made by the Second Pay Commission as approved by the State of Maharashtra. The University in turn by its letter No. PU/Stat/ F. 3/A/6768/236 dated February 7, 1968 directed the Principals of all colleges to implement the new pay-scales with effect from April 1, 1966. Thus, in the category of lecturers (excluding Principals) three scales as stated above were prescribed subject to the condition that the number of senior lecturers and lecturers, senior scale, was not to exceed 1/4th of the total strength of lecturers. It was left to the Universities to formulate norms which the lecturers must satisfy for being considered for the posts of senior lecturers and/or lecturers, senior scale, as the case may be. The High Court while disposing of the writ petition filed by the appellant and his two companions, Writ Petn. No. 1166 of 1981 observed:

(3.) In the meantime, sometime in 1978, a decision was taken to implement the Third Pay Commission Report prescribing a running scale of Rs. 700-1600 for teachers with effect from January 1, 1973. All the Universities in the State were directed to implement the new scale of Rs. 700-1600 prescribed for senior lecturers. This raised the question whether placement of teachers already made after January 1, 1973 in the higher pre-1973 scales would be valid on the implementation of the revised scale w.e.f. January 1, 1973. By Government Resolution No. USG. 1178/24585/XXXII (Cell) dated June 27, 1978, it was clarified that placement of teachers made in one of the higher pre1973 scales of 400-800 and Rs. 700-1100 on or after January 1, 1973 would be considered valid and protected subject to the prescribed conditions. The High Court points out that if the above clarification is accepted as correct the appellant would be entitled to placement in the higher scale of Rs. 700-1100. However, relying on the University of Pune's subsequent letter of March 10, 1978 whereby the college managements were directed to ignore the pay-scales prescribed pursuant to the recommendations of the Second Pay Commission in the case of teachers who became entitled to the higher scale after January 1, 1973, it was submitted before the High Court that since the new pay-scale of Rs. 700-1600 was made operative from January 1, 1973, lecturers who were not given the benefit of the revised scale of Rs. 700-40-1100 could be fixed in the new scale of Rs. 700-1600 with effect from January 1, 1973 as per the Circular No. Aff/Recg/ 193 of 1977 dated May 19,1977. This submission made on behalf of the University authorities found favour with the learned Judges of the High Court as they thought that there was 'nothing very inequitable' about the decision taken by the University authorities.