Case Note & Summary
The petitioner, Dr. (Mrs.) Jaymala Vilasrao Patil, was employed in the Office of Sangli Zilla Parishad, Sangli, holding a Diploma/Degree styled as M.F.A.M. (Member of Faculty of Ayurvedic Medicine). Her grievance was that while pay scales were revised for others styled as Graduates from 1st April, 1986, she was given the revised pay scale of 2000-3500 only from 4th March, 1993. She contended that her M.F.A.M. qualification was also a Graduate qualification and she ought to have been given the revised pay scales from 1st April, 1986. She relied on a letter dated 16th April, 1982 from the Maharashtra Council of Indian Medicines stating that the qualification was included in the II Schedule to the I.M.C.C. Act, 1970 and a qualification of four years or more may be treated as equivalent to a Degree. She also relied on a Division Bench decision in Writ Petition No.3369 of 1998, Dr. N.S. Kulkarni v. Z.P. Satara, decided on 25th October, 1999, where similar relief was granted to holders of M.F.A.S. qualification. The respondents opposed the petition. The court, after hearing the parties, allowed the petition, holding that the M.F.A.M. qualification is equivalent to a Graduate degree and directed that the petitioner be given the revised pay scales from 1st April, 1986 and subsequent revisions, with consequential benefits. Rule was made absolute accordingly.
Headnote
A) Service Law - Pay Revision - Equivalence of Qualification - M.F.A.M. (Member of Faculty of Ayurvedic Medicine) - Indian Medicine Central Council Act, 1970, Schedule II - The petitioner held M.F.A.M. qualification which was included in the II Schedule of the I.M.C.C. Act, 1970 and was a four-year course. The court held that the said qualification is equivalent to a Graduate degree and the petitioner is entitled to revised pay scales from 1st April, 1986, following the decision in Dr. N.S. Kulkarni v. Z.P. Satara (Paras 2-3).
Issue of Consideration
Whether the qualification of M.F.A.M. (Member of Faculty of Ayurvedic Medicine) is equivalent to a Graduate degree for the purpose of grant of revised pay scales from 1st April, 1986.
Final Decision
Writ Petition allowed. Rule made absolute. Petitioner entitled to revised pay scales from 1st April, 1986 and subsequent revisions with consequential benefits.
Law Points
- Equivalence of qualifications
- Pay revision
- Graduate degree equivalence
- MFAM qualification
- II Schedule of IMCC Act 1970
