Bombay High Court Allows Lecturer's Claim for Senior College Pay Scale from July 1989 Instead of June 1991. Petitioner appointed as lecturer in junior college in 1977, selected for senior college post in 1979 but appointment order issued in 1989; court holds entitlement to senior college pay scale from date of appointment to senior college.

High Court: Bombay High Court Bench: BOMBAY In Favour of Accused
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Case Note & Summary

The petitioner, Mrs. Rama S. Sharma, was appointed as a lecturer in the R.K. Talreja Jr. College run by Respondent No.2 society on 1/7/1977, after acquiring M.A. (Economics) and B.Ed. qualifications. In 1979, a vacancy arose for a lecturer in Economics in the Senior College run by the same society, and the petitioner applied. She went through the selection process and was selected, but the appointment order was issued only in 1989. The petitioner claimed that she was entitled to the Senior College Pay Scale of Rs.2,500-4,000 from July 1989, the date of her appointment to the senior college, but the respondents granted her the pay scale only from June 1991. The court considered the short issue of whether the petitioner is entitled to the senior college pay scale from July 1989 instead of June 1991. The court held that the petitioner is entitled to the senior college pay scale from the date of her appointment to the senior college, i.e., July 1989, and directed the respondents to grant her the pay scale from that date with consequential benefits.

Headnote

A) Service Law - Pay Scale - Senior College Pay Scale - Entitlement - Petitioner appointed as lecturer in junior college in 1977, applied for and was selected for lecturer post in senior college in 1979, but appointment order was issued only in 1989 - Held that the petitioner is entitled to senior college pay scale from the date of her appointment to the senior college, i.e., July 1989, and not from June 1991 as granted by the respondents (Paras 1-4).

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Issue of Consideration

Whether the petitioner is entitled to receive Senior College Pay Scale of Rs.2,500-4,000 from July 1989 instead of June 1991.

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Final Decision

The court allowed the petition and directed the respondents to grant the petitioner the Senior College Pay Scale of Rs.2,500-4,000 from July 1989 with consequential benefits.

Law Points

  • Pay scale entitlement
  • senior college pay scale
  • date of eligibility
  • promotion
  • appointment to senior college
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Case Details

2006 LawText (BOM) (03) 12

Writ Petition No.4660 of 1994

2006-03-23

B. H. Marlapalle, D. D. B. Bhosale

Mrs. N. Bhagwat for Petitioner, Respondent No.1 in-person, Mr. V.S. Gokhale, A.G.P. for Respondent Nos.3 to 5

Mrs. Rama S. Sharma

Principal, R.K. Talreja College, Ulhasnagar & ors.

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Nature of Litigation

Writ petition under Article 226 of the Constitution seeking entitlement to Senior College Pay Scale.

Remedy Sought

Petitioner seeks direction to receive Senior College Pay Scale of Rs.2,500-4,000 from July 1989 instead of June 1991.

Filing Reason

Petitioner was appointed as lecturer in junior college in 1977, selected for senior college post in 1979 but appointment order issued in 1989; respondents granted pay scale only from June 1991 instead of July 1989.

Issues

Whether the petitioner is entitled to Senior College Pay Scale from July 1989 instead of June 1991.

Submissions/Arguments

Petitioner argued that she was selected for the senior college post in 1979 and appointed in 1989, thus entitled to pay scale from July 1989. Respondents contended that the pay scale was correctly granted from June 1991.

Ratio Decidendi

A lecturer appointed to a senior college post is entitled to the senior college pay scale from the date of appointment to that post, not from a later date arbitrarily fixed by the employer.

Judgment Excerpts

The short issue raised by the Petitioner in this Petition filed under Article 226 of the Constitution is whether she is entitled to receive Senior College Pay Scale of Rs.2,500 - 4,000/- from July 1989 instead of June 1991.

Procedural History

The petitioner filed Writ Petition No.4660 of 1994 before the Bombay High Court under Article 226 of the Constitution. The petition was heard and decided on March 23, 2006.

Acts & Sections

  • Constitution of India: Article 226
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High Court Bombay High Court Allows Lecturer's Claim for Senior College Pay Scale from July 1989 Instead of June 1991. Petitioner appointed as lecturer in junior college in 1977, selected for senior college post in 1979 but appointment order issued in 1989; cou...
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