BALAJI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Taken up for final hearing by consent of parties.

(2.) Amongst other incentives, the Govt. Resolution also introduced a career advancement scheme, which is contained in Clause No. 4 of the Govt. Resolution which reads thus:

(3.) The petitioners in this petition were initially appointed as Assistant Professors, who are claiming the benefit under the Career Advancement Scheme. The Career Advancement Scheme clearly indicate that an Assistant Professor would move into the grade of Assistant Professor (Senior Scale) after 4 years if possessed of Ph.D., 5 years for those with M.Phil. and 6 years for others. The eligibility to move into the grade of Assistant Processor (Selection Grade)/Associate Professor, would be minimum length of service as Assistant Professor (Senior Scale) for 5 years uniformly. It is undisputed that all the petitioners are possessing qualification of Ph.D. The scale provided for the post of Assistant Professor is 8000-275-13500, for Assistant Professor (Senior Scale) is 1000-325-15200, and for Assistant Professor (Selection Grade) it is 12000-420-18300, whereas, for Associate Professor the scale is 12000-420-18300, which is equal to the scale provided to Assistant Professor (Selection Grade). The next higher post to that of Associate Professor is of Professor and the pay scale admissible to the post of Professor is Rs. 16,400-4500-20900-500-22400. The petitioners under Career Advancement Scheme, were granted the scale of Assistant Professor (Selection Grade) which pay scale is equivalent to that of pay scale of Associate Professor. The question that arises for consideration in the present petition is, as to whether the petitioners who are holding the post of Assistant Professor substantively could be granted the pay scale of the post of Professor.