THE STATE OF MAHARASHTRA versus ENGINEERING COLLEGE TEACHERS ASSOCIATION AND ORS.

Citation: [1996] SUPP. 3 S.C.R. 794 · Decided: 22-07-1996 · Supreme Court of India · Bench: K. RAMASWAMY · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A 
B 
THE STATE OF MAHARASHTRA 
v. 
ENGINEERING COLLEGE TEACHERS' 
ASSOCIATION AND ORS. 
JULY 22, 1996 
[K. RAMASWAMY AND G.B. PATTANAIK, JJ.] 
. 
Service Law-Scace of Maharashcr<r-E11gineeri11g Colleges-Respon-
dents-Whether could be fitted i11to the senior scale of pay or Selection 
C grade-Decision of Govemment of India dated October 16, 1973-Resolution 
of Govemme11t of Maharashtra dated March 23, 199o-Proceedings dated 
August 28, 1992 and January 30, 1995-Assistant/Associate Lec-
turei-Upgradation as Lecturer after completing the requisite length of service 
and fulfilling the prescribed educational qualifications-Eligibility for selection 
D grade-Held pre-upgradation service cannot be taken into account towards 
service as Lecturer for detem1i11i11g eligibility for senior scale-The Assis-
tant/Associate Lectllrers are in Class-Ill whereas Lecturers are in Class-
lf-77ierefore, the sen-ice re11dered in Class-Ill cannot be computed as service 
rendered i11 Class-If service. 
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CIVIL APPELLATE JURISDICTION: Civil Appeal No. 9889 of 
1996. 
From the Judgment and Order dated 17.4.95 of the Maharashtra 
Administrative Tribunal, Bombay in T.A. No. 670/91 in W.P. No. 2854 of 
F 1991. 
K.M. Reddy and S.M. Jadhav for the Appellant. 
Uday U. Lalit for the Respondents. 
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The following Order of the Court was delivered : 
Delay condoned. 
Leave granted. 
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We have heard learned counsel on both sides. 
794 
·. ~ . 
ST1\TE v. ENGG. COLLEGE'ffACHERs· ASSN. 
795 
'fhi~ appeal by special leave arises from the order of the Ad1ninistra-
live Tribunal, Maharashtra made on April 17, 1995 in TA No. 670/9l. The 
;1dm!ncd facts arc that all the respondents \Vere appointed prior to 1979 
as Assistant LcctUrers and \l.(ere posse.sscd of Po:;.t Graduation/Doc-
torate/Higher educational qualifications. The Government of India had 
taken decision on October 16, 1973 lo appoint such lectui·ers without 
reference to the Public Service C0n1mission provided they had put in 4 
years of service as Assistant Lecturers and also possessed Post-Graduation 
qualification. The Government of Maharashtra in acceptance of that 
recommendation had also adopted the same resolution dated March .23, 
1990. 
The Government of India Resolution reads as under : 
A 
B 
c 
"A person already appointed and suitability (sic) of the candidate 
Associate Lecturer or recruited hereinafter as such would be 
eligible for being upgraded as Lecturer after four years of service D 
as Associate Lecturer provided he fulfils the prescribed education-
al qualiFcations and he is adjudgeu by the Staff Selection Com-
mittee as fit to heltl the post of Lecturer." 
The Government of Maharashtra Resolution dated March 23, 1990 in di-
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cates as under : 
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11ln order to encourage research, in continuation of post-graduation 
studies, candidates, \Vho, at the 
time of their recruitment as 
Lecturers possess Master's and Doctoral degree in engineer-
ing/technology shall be granted 2 and 4 advance increments in 
Sciences and Humanities shall be granted 1 and 3 advance incre· 
rnents respectively in the scale of Rs. 2200-4000 along with the 
benefit of corresponding years of service for the purpose of promo-
tion. The existing Lecturers who do not possess these qualifica-
tions, or who migl\t be recruited in future without these G 
qualifications will be eligible for a similar benefit in service for the 
purpose of promotion as and when they acquire these qualifica-
tions, but they will not be eligible fo~ advance increments. Existing 
Lecturers who possess these qualifications will also be eligible for 
the benefit in service for the purpose of pron1otion. 
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7'!6 
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c 
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G 
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SUPREME COURT REPORTS [1996] SUPP. 3 S.C.R. 
CAREER ADVANCEMENT: 
(a) Every lecturer will be placed in a senior scale of Rs. 3000-5000 
if he has: 
completed 8 years of service after regular appointment with 
relaxation in service as provided in para 7(c) above: 
Participated in two refresher courses or summer institute 
each of approximately four weeks duration or in other com-
parable continuous education programmes approved by the 
All India Council for Technical Education and 
.Consistently satisfactory performance appraisal reports. 
All Lecturers in the existing scale of Rs. 700- 1600 who have 
completed 8 years of service on 1st January 1986, will be placed 
through a process of screening/selection in the scale of Rs. 3000-
5000. The benefit of service provided in para 7(c) above, will be
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