High Court
Legal Reasoning
wp-6045-2019.odtIN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADWRIT PETITION NO.6045 OF 2019Dr. Alpana w/o Pradeep Kulkarni@ Alpana d/o Prabhakar Jahagirdar,Age: 55 years, Occu.: Retired/Service,R/o.08, Nandadeep Apt., Somesh Colony,Behind Kalamandir, Nanded 431601.Presently residing at :-A/201, Nancy Brahma Residency,Opp. Bavdhan Police Chowki,NDA Pashan Road, Bavdhan,Pune – 411021... PETITIONERVERSUS1.State of Maharashtra,Through its Secretary,Higher and Technical Education,Mantralaya, Mumbai.2.The Director,Directorate of Technical Education,3, Mahapalika Marg, Mumbai.3.The Joint Director,Directorate of Technical Education,Regional Office, Osmanpura,Aurangabad – 431005.4.Shri Sharda Bhawan Education Society’sNanded Pharmacy College (Poly),Through its Principal,Shyam Nagar, Nanded – 431605... RESPONDENTS…Mr. S. V. Dixit, Advocate for the petitioner.Mr. N. S. Tekale, AGP for respondent Nos.1 to 3 – State.Mr. A. N. Sabnis, Advocate for respondent No.4.Mr. C. V. Dharurkar, Advocate for respondent No.5.… [1] wp-6045-2019.odt CORAM : SMT. VIBHA KANKANWADI AND S. G. CHAPALGAONKAR, JJ. RESERVED ON : 22nd APRIL, 2024. PRONOUNCED ON : 7th MAY, 2024.JUDGMENT [Per Smt. Vibha Kankanwadi, J.] :- .Rule. Rule made returnable forthwith. Heard learned Advocatesfor the appearing parties finally by consent.2.Present petition has been filed for issuing writ of mandamusagainst respondent No.2 to grant senior pay scale and selection gradescale to the petitioner taking into consideration the first date ofappointment of the petitioner and the gratuity amount along with theinterest at the rate of 18% per annum.3.The factual matrix leading to the present petition are that thepetitioner came to be employed with respondent No.1 College as alecturer on 14.08.1987. She stood retired on 22.03.2008. Thepetitioner had then opted the voluntary retirement after serving forabout 21 years. The petitioner contends that she was holding diplomain Pharmacy and thereafter, she had completed M. Pharm degree on14.06.1988. As per various Government Resolutions, especiallyGovernment Resolution dated 26.05.1992 in relation to CareerAdvancement Scheme, the senior pay scale as well as selection gradeought to have been given upon the completion of 10 years of servicefrom the date of the appointment. She has been granted first benefit[2] wp-6045-2019.odtfrom 01.08.1998 as per order of respondent No.2 dated 07.05.2007,which is wrong. She was also entitled to receive amount ofRs.7,00,000/- towards gratuity, but amount of Rs.5,00,000/- only hasbeen given under the said head. The outstanding amount has beenclaimed along with interest.4.Affidavit-in-reply of Umesh Teniprasad Nagdeve, the In-chargeJoint Director of Technical Education, has been relied by respondentNos.1 to 3. The other facts are admitted, however, it is stated that asregards the petitioner is concerned revised order came to be passedon 29.07.2022 after it was realized that there was some mistaketaking into consideration the date of the appointment of the petitioner.However, it has been contended that as regards gratuity is concernedas per the Gratuity Act, the amount which is to be paid to thepetitioner depends upon the last basic pay multiplied by the length ofqualifying service (for six months it is considered as one qualifyingservice) and it is to be divided by four for calculating the gratuityamount. Here, the length of service is 20 years and seven monthsonly, so the petitioner was not entitled for the total gratuity amounti.e. Rs.7,00,000/-. It is further stated that the petitioner tendered hervoluntary resignation after completing 20 years of service andtherefore, as per the sanctioned orders of the Accountant Generaldated 01.04.2009, 19.12.2011 and 21.10.2020 she was entitled for[3] wp-6045-2019.odttotal amount of Rs.5,16,908/- only. Due to the voluntary retirement,she was not entitled for Rs.7,00,000/-. Hence, the contention of thepetitioner that she had not received the gratuity as per sixth paycommission, is denied and not accepted. The revised order dated29.07.2022 has been given along with the affidavit-in-reply. In thesaid revised order, a chart is given, which reads as under :-v-dz-vf/kO;k[;kR;kpsuko] fo|k’kk[kko dk;Zjr laLFkkfu;ferfu;qDrhpkfnukadiwohZ eatwjdsysyk ofj”BJs.kh fnukadlq/kkfjr ofj”BJs.kh fnukadiwohZ eatwjdsysyk fuoMJs.kh fnukadlq/kkfjr fuoMJs.kh fnukad vfHkizk;1Jhe- vYiukiznhi dqyd.khZlsokfuo`Rrvf/kO;k[;krkvkS”k/kfuekZ.k’kkL=]bfULVV~;qV vkWQQkeZlh] ukansM24@08@198701@08@199428@08@199401@08@199828@08@1998Š fn-01@08@1988ph fu;qDrh x`fgr/k#u ;kiwohZ ofj”BJs.kh@ fuoM Js.khiznku dsysyh vkgs-Š ijarw lapkyuky;kpsi= fn-06@06@1988vUo;s Jhe-dqyd.khZ;kaP;k fu;qDrhl fn-28@08@1987iklwu ekU;rk fnysyhvkgs-Š rjh fn-28@08@1987iklwuP;k fu;ferfu;qDrhuarj ,eQkeZlh vgZrk /kkj.kdjhr vlY;keqGspkSF;k osruvk;ksxkrhyrjrwnhuqlkj 6 o”kkZauhofj”B Js.kh fn-28@08@1993 jksthns;-Šfu;fer fu;qDrhuarj11 o”kkZauh fuoM Js.khfn-28@08@1998jksth ns;-English translation of the said chart is as under :-Sr.NoName ofLecturer,Faculty andthe name oftheInstitutionDate ofRegularAppointmentDate ofPriorlysanctionedSenior PayscaleDate of ReformedSeniorScale Date of PreviouslyapprovedselectionGrade Date of ReformedSelectionGrade Remark[4] wp-6045-2019.odtworking1Smt. AlpanaPradipKulkarni,RetiredLecturer,Pharmacy,Institute ofPharmacy,Nanded.24.08.198701.08.199424.08.199301.08.199824.08.1998* Considering theappointment on Date :01.08.1988 the SeniorGrade/Selection Grade isgiven previously.* But as per the letterdated 06.06.1988 of theDirectorate theappointment of Smt.Kulkarni is approved from24.08.1987.* However, from theregular appointment fromthe date 24.08.1987holding M. Pharmacyqualification, SeniorGrade (Scale) after 6years as per the provisionsof 4th Pay Commission ispayable on 24.08.1993.* Selection Grade ispayable on date24.08.1998, after 11 yearsof regular appointment. [Translated by Senior Translator and Interpreter,High Court of Bombay Bench at Aurangabad]5.Learned Advocate for the petitioner is then accepting the datethat has been given in the above chart in respect of Senior Grade i.e.date 24.08.1993 to be the correct date, but he submits that asregards selection grade is concerned, it ought to have been24.08.1997, but it has been wrongly stated as 24.08.1998 and in thelast column, it is said that the selection grade has been given after 11years. When in fact as per the Government Resolution since thepetitioner has completed M. Pharm, she would get one year concessionand therefore, that date deserves to be corrected. He submits thatnow in view of the explanation given in the affidavit-in-reply regardingthe gratuity, the petitioner has no objection in respect of the same.[5]
Decision
wp-6045-2019.odtThe rejoinder has also been filed by the petitioner after the affidavit-in-reply was filed on behalf of respondent Nos.1 to 3.6.In view of the aforesaid position, the dispute has been narroweddown. Now, it is only in respect of date of the selection grade. It isalso to be noted that it is an accepted position that the GovernmentResolution dated 27.02.2003 contemplates the grant of benefit of oneyear to those who had completed M. Pharm i.e. the exemption of oneyear for acquiring M. Pharm qualification while in service. It can be sodemonstrated in the order annexed along with affidavit-in-reply andwould make it clear that upon completion of 10 years from the service,the said selection grade would be available. It is not in dispute that thepetitioner acquired the said qualification in service. The petitioner hadacquired the said degree of M. Pharm on 14.06.1988. Accordingly,now, the revised order dated 29.07.2022 needs to be modified to theextent of selection grade date and on these facts, the petitiondeserves to be partly allowed. Hence, the following order :-ORDERI)The writ petition is hereby partly allowed.II)Respondent No.2 is directed to grant selection grade payscale to the petitioner from 24.08.1997. Rest of the order dated29.07.2022 to remain as it is.[6] wp-6045-2019.odtIII)The arrears to be paid to the petitioner in two installmentsof having duration of four months and the first installment tostart from 20.05.2024.IV)Rule is made absolute in the above terms.[ S. G. CHAPALGAONKAR ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGEscm[7]