VADAKKA NOTTATH KESAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner is working as a Junior Clerk in the College run by the respondent No. 3. The petitioner was initially appointed as a Peon on July 15, 1963. He was promoted as a Library clerk with effect from July 11, 1966 and he was confirmed in the said post on or about January 11, 1967.

(2.) THE State of Maharashtra issued a Government Resolution dated August 1, 1979 rationalising the pay-scales, allowances and a scheme for non-teaching personnel of six non-agricultural universities in Maharashtra and for non-Government Colleges affiliated to such universities. The material portion of the said Resolution reads as under :-

(3.) ON perusal of the Resolution, it is seen that the object of issuing the said resolution was to offer better grades to the existing staff. The directions contained in the resolution are divised to avoid stagnation of employees in their grades, years after reaching the maximum in the scale and to open up avenues for upgradation irrespective of the lack of educational qualifications. This is fortified by the Circular issued by the Vice Chancellor dated 11th June, 1982 under Section 11 (6) (b) of the Bombay University Act, 1974. This circular came to the issued in pursuance of the above-mentioned Government Resolution dated 1st August, 1979. Clauses 5 of the said circular is material as far as the present case is concerned and the same may be reproduced as under :-