RAMESH VITHAL PADHYE Vs. STATE OF MAHARASTHRA

JUDGEMENT

(1.) This group of Writ Petitions can be conveniently disposed of by a common judgment as the issues involved in these Petitions are the same.

(2.) For the sake of convenience, initially we are referring to the facts of the case in Writ Petition no. 1472 of 1990 as the main submissions have been made in this Petition. In this Petition under Article 226 of the constitution of India, the substantive prayer is for declaration that the experience of the lecturers as tutors/demonstartors should be counted for determining placement of lecturers in the senior scale/selection grade/ readers post for the purposes of Government resolution dated 27th February, 1989. A prayer is also made for a writ of mandamus directing the first, second and third Respondent to declare that previous service as tutor/ demonstrator should be counted for determining the placement of the lecturer in the senior scale/ selection grade/ readers post while implementing the Government resolution dated 27th February, 1989.

(3.) The Petitioners in this Petition are lecturers employed in various colleges in Mumbai which are affiliated to the fourth Respondent-the University of mumbai. The Petitioners have been earlier working as demonstrators before they were upgraded with effect from 1st July, 1975 as lecturers. The Petitioners were upgraded as lecturers pursuant to the Government of maharashtra Resolution dated 25th October, 1977 which provided, inter alia, for conversion of the posts of demonstrators/ tutors into those of teachers by upgrading them and granting them the University Grant Commission scale of lecturers. The details of the employment of the petitioners have been set out in Exhibit A to the petition. The Petitioners have stated that after a long time there was a major revision of pay scales in the year 1989 in the form of the Government of Maharashtra resolution dated 27th February, 1989. The clauses of the government Resolution dated 27th February, 1989 which are relevant for the purposes of these Petitions are clauses 12 and 13 which read thus: