NARAYAN EKNATH CHUNKHADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN this petition filed under Article 226 of the Constitution of India, the petitioner has sought Writ of Mandamus against respondents no. 1 to 3 for revision of his pay-scale to the Selection Grade for the post of lecturer i. e. Rs. 3700-5700 with effect from 1. 7. 1986 on the basis of Government Resolution dated 27. 2. 1989.

(2.) THE petitioner, after passing his M. A. (Sociology) in 1968 from the marathwada University at Aurangabad, came to be appointed as a Lecturer in rajashri Chhatrapati Shahu Maharaj Vidyalaya at Kolhapur on 16. 6. 1969. He continued in the said post till 9. 10. 1975. Thereafter, he joined in the said post at sadguru Gadage Maharaj College, Karad District Satara from 11. 10. 1975 and continued in the said college till 15. 12. 1975 (for about two months ). From 16. 12. 1975 to 18. 7. 1976 he remained unemployed and from 19. 7. 1976 to 30. 6. 1998 he was appointed on part-time basis in the New Arts, Commerce and Science College at Ahmednagar. In the said college he came to be appointed on regular basis from 1. 7. 1977 onwards and that too, in the capacity of the Head of the Department. He retired from service n reaching the age of superannuation on 1. 3. 2002.

(3.) THE Government of Maharashtra through the Department of Education and Employment, issued Resolution dated 27. 2. 1989 and came out with a scheme of Career Advancement for Teaching as well as some non-teaching staff like the Assistant Librarian/librarian, Director/instructor of Physical Education, etc. If a Lecturer had completed eight years of service in senior pay-scale and obtained ph. D. or equivalent published work he was eligible to be considered for selection grade i. e. Rs. 3700-5700. These scales were made applicable from 1. 1. 1986. The College where the petitioner worked i. e. New Arts, Commerce and Science College, Ahmednagar, recommended his case for selection grade vide letter dated 26. 2. 1987 and the Joint Director of Higher Education, Pune, by his letter dated 7/14th May, 1987, turned down the said request on the ground that the petitioner had brake in service for more than six months. Hence, this petition after about four years thereafter.