SHARANAPPA CHANDRAMAPPA HEGDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. With the consent of parties, petitions are heard finally.

(2.) Petitioner, a Librarian working in Vyenkat Mahavidhlaya, Sangola is aggrieved by the decisions of Respondents in denying him UGC Payscale and his premature retirement. Firstly, he is denied higher pay scale recommended by University Grants Commission from the date of acquisition of qualification of master's degree in library and information Science. His second grievance is about forcible retirement granted to him on 31/5/2022 on attaining age of 58 years, by treating him as non-teaching staff, when he has right to serve till attaining the age of 60 years as teaching staff.

(3.) Briefly stated, facts of the case are that Petitioner holds qualifications of master's degree in arts and bachelor's degree in library and information Science. On the strength of these qualifications, he came to be appointed in Respondent No. 5 college on 29/8/1992 on the post of Librarian and placed in the pay scale of Rs.2000.003500 in pursuance of approval granted by Shivaji University, Kolhapur. On 23/11/1994, Respondent No. 5 college terminated his services on the ground of non-possession of qualification of master's degree in library and information science in B+ grade. However, his termination came to be set aside by Shivaji University, Kolhapur by order dtd. 28/11/1994 referring to the Circular dtd. 10/8/1994 issued by the University on the basis of Government Resolution dtd. 25/3/1994, under which Librarians holding educational qualifications as per GR dtd. 14/8/1986 were to be continued in service in the lower pay scale. It was suggested that upon acquisition of requisite qualifications by Petitioner, he would be granted revised pay scale. The college was therefore directed not to terminate services of Petitioner. This is how Petitioner came to be reinstated in service. He was however placed in lower pay scale of Rs.700.001100. He filed Writ Petition No. 6229 of 1999 which was allowed by this Court on 10/8/2000, in pursuance of which he was restored to pay scale of Rs.2000.003500.