JAYSHREE RAMESH PANCHMATIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Petitioner Smt. Jayshree Ramesh Panchmatia (nee Miss Jashwanti Manji Kotecha) passed her B.A.Examination. She also obtained certificate of Library Training Course of the Bombay Library Association, at the conclusion of the course from July 1968 to March 1969 and on passing the examination in April 1969 in Second Class. By letter dated 23.4.1980 the respondent no.3 Wilson College, Chowpatty, Bombay, appointed the petitioner as temporary library clerk. By a further letter dated 28.5.1982 the petitioner was confirmed in the post of library clerk with effect from 1.5.1982. Till about 1975 Non-Government Arts, Science and Commerce colleges were roughly given grant in aid to the extent of 33 1/3 per cent of the approved expenditure or other deficits whichever is less. Since 1975/1976, additional grants on an ad-hoc nature was being sanctioned from time to time by the Government to these colleges to mitigate their financial hardship. The Government had sanctioned salary payment scheme to ensure full and regular payment by the management of the non-governmental affiliated colleges to their teaching and non-teaching staff.

(2.) THE Government of Maharashtra passed a resolution dated 22.2.1980 approving payscales for the staff required by the management not only to run the colleges but also the library for the colleges. It was resolved that every affiliated college would be entitled to have a librarian and in addition to the librarian the college would also be entitled to additional library staff as set out in the said resolution. It was provided that the college may have as a subordinate library staff in addition to a librarian and an assistant librarian at the rate of one person for every 250 students and every 4th member of such subordinate staff would be a junior clerk and the remaining persons would be in class IV category. The minimum prescribed qualification for the post of junior clerk would be SSC and the prescribed scale would be Rs.260/495. It was clarified that if the junior clerk holds a post SSC certificate in library science the revised scale admissible to him would be Rs.290/540 instead of Rs.260/495.

(3.) AS there was no further response from the office of the administration of higher education grants, the college sent further reminders on 10.1.1986. In reply to the aforesaid letter the college received a letter dated 20.1.1986 from the administrative officer pointing out that the proposal sent by the college had been submitted to the Director of Education, Pune, for decision and upon receipt of the orders from the Director of Education, the decision in the matter would be communicated. The college again wrote on 17.2.1986 to the Director of Education, Pune, to kindly expedite the reply to the aforesaid plea of the petitioner. The college received a communication dt. 12.3.1986, from the Director of Education of Pune, mentioning that the decision in the matter was already communicated to the administrative officer Bombay and therefore parties should approach the administrative officer. The 3rd respondent college by letter dated 3.4.1986 requested the administrative officer to communicate the decision of the Director of Education in the matter. By letter dated 21.4.1986 the 3rd respondent college was informed by the administrative officer that as per the instructions received from the Director of Education the proposal could not be considered. This was communicated to the petitioner by the college by it letter dated 16.5.1986. The petitioner again made a representation to the Director of Education on 9.2.1987 pointing out the injustice done in her case and requesting reconsideration of the matter. The petitioner was communicated through the principal of the college that the reply dated 21.4.1987 by the administrative officer mentions that the office had already communicated the decision taken by the Director of Education and hence there is no question of reconsideration. The petitioner has taken care to annex copies of all the correspondence as also relevant resolution on which reliance is placed. Under the aforesaid circumstances the petitioner has filed this petition contending that the decision of the Director of Education is totally illegal, arbitrary and unsustainable violating the fundamental rights under article 14 of the Constitution of India. The petitioner has accordingly prayed that the respondent authorities be directed to place the petitioner in proper pay scale of Rs.290/540 as a library clerk.