Case Note & Summary
The petitioners, four lecturers at Walchand College of Engineering, Sangli, filed a writ petition seeking direction to the respondents to place them in the selection grade by considering their past service as Assistant Lecturers. They were initially appointed as Assistant Lecturers between 1966 and 1973. A Government Resolution dated 2nd April 1979 upgraded the posts of Assistant Lecturers in Engineering Colleges and Polytechnics to Lecturers. Consequently, petitioners 1, 2, and 4 were upgraded to Lecturers with effect from 1st April 1979, while petitioner 3 was promoted later on 6th May 1985 after passing an examination. The petitioners contended that their past service as Assistant Lecturers should be counted for the purpose of selection grade, as the upgrade did not change the nature of their duties. The respondents argued that only service as a Lecturer should be considered. The court, after hearing arguments, held that the past service as Assistant Lecturers must be taken into account for selection grade, as the upgrade was a continuation of service and the duties remained similar. The court allowed the petition and directed the respondents to consider the petitioners' past service for selection grade and grant consequential benefits.
Headnote
A) Service Law - Selection Grade - Counting of Past Service - Government Resolution dated 2nd April 1979 and 30th November 1980 - The petitioners, appointed as Assistant Lecturers and later upgraded to Lecturers, claimed that their past service as Assistant Lecturers should be considered for placement in the selection grade. The court held that the past service rendered as Assistant Lecturers must be taken into account for determining eligibility for selection grade, as the upgrade was a continuation of service and the nature of duties remained similar. (Paras 1-2)
Issue of Consideration
Whether the petitioners, who were initially appointed as Assistant Lecturers and later upgraded to Lecturers, are entitled to have their past service as Assistant Lecturers counted for the purpose of placement in the selection grade.
Final Decision
Petition allowed. Respondents directed to consider past service of petitioners as Assistant Lecturers for placement in selection grade and grant consequential benefits.
Law Points
- Selection grade
- past service
- Assistant Lecturer
- Lecturer
- Government Resolution
- pay scale
- service benefits
