Petitioner challenged government circulars affecting pay scales of Librarians. Bench allowed petition relying on prior order placed petitioner in revised scales from 1980/1986 directing back wages.
Petitioner placed in revised pay scale with effect from 1.4.1980 and back wages directed to be paid within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1499 OF 1997
Shri D.R.Bondre .. Petitioner Vs. The State of Maharashtra and Ors. .. Respondents
Mr.P.P.Chavan for the petitioner
Mr.C.R.Sonawane, A.G.P. for respondent no.1 and 2
Mr.R.S.Khadapkar for respondent no.3
CORAM : D.B.BHOSALE & K.K. TATED, JJ. DATE : 22nd NOVEMBER, 2011.
ORAL JUDGMENT (PER K.K.TATED, J):
India, petitioner challenges two circulars dated 14.06.1994 and 07.10.1994 issued by the Government of Maharashtra regarding the service conditions of Librarians.
respondent no.4 with effect from 1st May, 1961 and worked for more than
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25 years as Librarian and retired from the same College. The pay scale of Librarians and the Directors of Physical Education were on par with the Lecturers. The revisions were effected during the year 1960-65. The University Grant Commission appointed an independent committee to recommend the scales of pay for Librarians and Directors of Physical Education. Both the Committees unanimously recommended that the Librarians and the Directors of Physical Education scales of pay ought to have been on par with that of the Lecturers. The said situation continued till 1975. Thereafter, the parity of pay scales between the Librarians/Directors of Physical Education and the Lecturers was disturbed and while the Lecturers were placed in the pay scale of Rs.700-1600 irrespective of their qualification and allowed 5-8 years to improve their qualification and the Librarians/Directors of Physical Education were placed in the pay scale of Rs.500-900, though in the most cases, they were better qualified than the Lecturers. By circular dated 25.10.1977, the respondents increased the qualifications of the Librarians retrospectively but did not provide them time or facility to improve their qualifications. Later on, the respondents issued circular, and thereby relaxed the qualifications in respect of the Librarians appointed prior to the year 1975, but provided that their services prior to the year 1973 would not be counted for any purpose. Because of these circulars, the petitioner was getting less pay.
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They also affected his retirement benefits adversely. Therefore, the present petition for getting equal pay on the basis of pay scale of Lecturers.
The petitioner would be entitled to be placed in the revised scale of Rs.700-40-1100-60-1600 with effect from 1st April,
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1980 and thereafter, from 1st April, 1986 in the revised pay scale of 3700-125-4950-150-5700. The respondents are directed to pay to the petitioner the back wages along with all the consequential benefits after proper fitment within a period of six months from today. In the event, the payment is not made within six months from today, the petitioner would be entitled to interest at the rate of 9% per annum from the date of the judgment till the date of final payment.
(K.K. TATED, J.) (D.B. BHOSALE, J.)
2 issues framed by the court
Whether the petitioner, who joined as Librarian before 1975, is entitled to equal pay as Lecturers despite retrospective qualification changes.
Whether the Writ Petition can be disposed of in terms of the order dated 8.1.2004 in Writ Petition No.773 of 1997.
Colour shows how this judgement treated each authority
Writ Petition No.988 of 1996Referred¶27
W.P. No.988 of 1996, order dt. 17th October, 2001
Writ Petition No.733 of 1997Referred¶27
W.P. No.733 of 1997, order dt. 8th January 2004
2 provisions across 2 enactments
Shri D.R. Bondre
The State of Maharashtra
D.B. Bhosale
K.K. Tated
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
