SHRI. SHARANAPPA CHANDRAMAPPA HEGADE vs. THE STATE OF MAHARASHTRA AND ORS

2023:BHC-AS:28197-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4066 OF 2021
WITH
WRIT PETITION NO.6976 OF 2022
Shri. Sharanappa Chandramappa Hegde
Age : Adult, Occupation : Service
R/o. : Sadanand Nagar, Wasud Road,
Sangola, District Solapur-413 307
... Petitioner
Versus
1.
The State of Maharashtra
2.
Joint Director of Higher Education,
Solapur Region, Solapur.
3.
Solapur University, Solapur
Through its Registrar
4.
Sangola Taluka Shetkari Shikshan
Prasarak Mandal, Sangola
5.
Vidyan Mahavidyalaya Sangola
District Solapur through
Principal ...Respondents
__________________________________________________________
Mr. Chetan Patil for Petitioner in WP/4066/2021.
Mr. Mandar Bagkar, for Petitioner in WP/6976/2022.
Mr. S. B. Kalel, AGP for Respondent Nos. 1 and 2 – State.
Ms. Kumud Bhatia, for Respondent Nos.4 and 5 in WP/4066/2021.
Mr. Sanjay Thokade, for Respondent No. 3 in WP/4066/2021.
Mr. Rui A Rodrigues for Respondent No.7 UGS
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Mr. I. M. Khairadi, a/w. Pramod Narayan Joshi for Respondent No.3 in
WP/6976/2022.
__________________________________________________________
CORAM : SUNIL B. SHUKRE,
SANDEEP V. MARNE, JJ.

(THROUGH V.C.)
JUDGMENT : (Per – Sandeep V. Marne, J.)
Rule . Rule is made returnable forthwith. With the consent of
parties, petitions are heard finally.
2. Petitioner, a Librarian working in Vyenkat Mahavidhlaya,
Sangola is aggrieved by the decisions of Respondents in denying him
UGC Payscale and his premature retirement. Firstly, he is denied higher
pay scale recommended by University Grants Commission from the date
of acquisition of qualification of master’s degree in library and
information Science. His second grievance is about forcible retirement
granted to him on 31 May 2022 on attaining age of 58 years, by treating
him as non-teaching staff, when he has right to serve till attaining the age
of 60 years as teaching staff.
3. Briefly stated, facts of the case are that Petitioner holds
qualifications of master’s degree in arts and bachelor’s degree in library
and information Science. On the strength of these qualifications, he came
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to be appointed in Respondent No.5 college on 29 August 1992 on the
post of Librarian and placed in the pay scale of Rs.2000-3500 in
pursuance of approval granted by Shivaji University, Kolhapur. On 23
November 1994, Respondent No.5 college terminated his services on
the ground of non-possession of qualification of master’s degree in library
and information science in B+ grade. However, his termination came to
be set aside by Shivaji University, Kolhapur by order dated 28 November
1994 referring to the Circular dated 10 August 1994 issued by the
University on the basis of Government Resolution dated 25 March 1994,
under which Librarians holding educational qualifications as per GR
dated 14 August 1986 were to be continued in service in the lower pay
scale. It was suggested that upon acquisition of requisite qualifications by
Petitioner, he would be granted revised pay scale. The college was
therefore directed not to terminate services of Petitioner. This is how
Petitioner came to be reinstated in service. He was however placed in
lower pay scale of Rs.700-1100. He filed Writ Petition No.6229 of 1999
which was allowed by this Court on 10 August 2000, in pursuance of
which he was restored to pay scale of Rs.2000-3500.
4. Petitioner acquired the master’s degree in library and
information science in the year 2000 and passed same in B+ grade. He
applied for grant of pay scale recommended by UGC. His request was
however turned down by letter dated 01 October 2013 which become
subject matter of challenge in Writ Petition No.1861 of 2014. In that
writ petition, a statement was recorded on behalf of management on 23
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January 2019 that Petitioner’s proposal would be sent for grant of UGC
pay scale. The Government was directed to decide the proposal by this
Court. Accordingly the proposal was sent by the Respondent
management for grant of UGC pay scale to the Petitioner from the date
of acquisition of qualification of M.Lib with B+ Grade. However by
communication dated 28 March 2019, the Divisional Joint Director,
Higher Education, Solapur rejected the proposal on the ground that
Petitioner acquired M.Lib qualification on 29 September 2000 i.e.
beyond the window period of 23 October 1992 to 03 April 2000 as
provided in the Government Resolution dated 27 January 2013. Based
on the State Government’s communication, the University also rejected
Petitioner’s proposal by order dated 05 April 2019. These orders dated
28 March 2019 and 05 April 2019 are subject matter of challenge in
Writ Petition No.4066 of 2021.
5. During pendency of Writ Petition No.4066 of 2021
Petitioner was made to retire on 31 May 2022 on attaining age of 58
years on account of a directive issued by the Divisional Joint Director,
Higher Education dated 10 February 2021. The only reason cited in the
said communication dated 10 February 2021 was non-grant of UGC pay
scale to Petitioner and his consequent treatment as non-teaching staff.
Thus, Petitioner has been treated as a non-teaching staff on account of
non-grant of UGC pay scale to him and is made to retire on attaining age
of 58 years, when in fact he could have continued in services till the age
of 60 years as teaching staff. Based on the directions of the State
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Government dated 10 February 2021, the Respondent College issued
communication to Petitioner on 30 May 2022 for his retirement with
effect from 31 May 2022. It appears that the Respondent college
requested Accounts Officer, Higher Education, Solapur for issuance of
Petitioner’s last pay certificate however by letter dated 24 May 2022, the
Accounts Officer communicated that Petitioner was holding non-
teaching post and Writ Petition No.4066 of 2021 for grant of UGC scale
is pending and that therefore the last pay certificate could be issued only
after decision in all the litigation. Communications dated 10 February
2021, 24 May 2022 and 30 May 2022 are subject matter of challenge in
Writ Petition No.6976 of 2022.
6. Appearing for Petitioner Mr. Patil, the learned counsel would
submit that rejection of proposal for grant of UGC pay scale to Petitioner
by the Divisional Joint Director, Higher Education, Solapur is ex facie
illegal. That the Divisional Joint Director has erroneously mixed up the
issue of passing NET / SET with the issue of grant of UGC pay scale.
That the window period from 23 October 1992 to 03 April 2000 as per
GR dated 27 June 2013 is applicable only for grant of exemption from
NET / SET. He would take me through GRs dated 18 October 2001 and
27 June 2013 and would submit that the requirement of passing NET /
SET is not applicable to those who are recruited prior to 23 October
1992. That Petitioner has been initially recruited on 29 August 1992.
That therefore he has stands exempted from the requirement of passing
NET / SET. However, issue of grant of higher pay scale recommended by
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UGC has nothing to do with the requirement of passing NET / SET.
Relying University’s letter dated 28 November 1994 and Circular dated
10 August 1994, Mr. Patil would submit that the University had
specifically agreed for grant of UGC pay scale immediately upon
acquisition of requisite qualification of M.Lib. That the Divisional Joint
Director has failed to take into consideration said Circulars of the
University and has erroneously rejected Petitioner’s proposal for grant of
UGC pay scale by mixing issue of passing NET / SET.
7. So far as Writ Petition No.6976 of 2022 is concerned, Mr.
Patil would contend that Petitioner has erroneously been treated as non-
teaching staff only on account of non-grant of UGC pay scale. He would
submit that even if Petitioner is not held entitled to grant of UGC pay
scale, he cannot still not be treated as non-teaching staff. Without
prejudice, he would submit that if Petitioner is held entitled to grant of
UGC pay scale, his age of retirement would automatically be extended to
60 years.
8. Mr. Kalal the learned AGP would oppose the petition on
behalf of State Government. He would submit that in paragraph 2(b) of
the GR dated 18 October 2001, it was specifically directed that
employees not passing NET / SET cannot be granted any financial
benefits including higher pay scale. That since Petitioner has not passed
NET / SET, he is bound by the said condition. He would also rely upon
GR dated 27 June 2013 in support of his contention that the said GR is
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required to be read in conjunction with the earlier GR dated 18 October
2001 and that therefore Petitioner cannot claim the benefit of UGC
payscale. He would further submit that window period granted in GR
dated 27 June 2013 is only between 23 October 1992 to 03 April 2000
and since Petitioner has acquired M.Lib qualification on 29 September
2000, he has rightly been rejected from the benefit of UGC pay scale. He
would further submit that the Divisional Joint Director has passed
impugned order after due consideration of applicable GRs and the same
does not suffer from the vice of perversity. He would further submit that
Petitioner has rightly been treated as non-teaching staff on account of
failure to acquire requisite qualifications required for the post of
Librarian and has been correctly retired on attaining the age of 58 years.
9. Mr. Thokade, the learned counsel would appear on behalf of
Respondent No.3 University in Writ Petition No.4066 of 2021 and
would support the order passed by the Divisional Joint Director as well as
by the University in rejecting Petitioner’s claim for UGC pay scale. That
Petitioner was not qualified to be appointed on the post of Librarian and
therefore now he cannot claim higher pay scale. That the decision for
rejection of proposal for grant of UGC pay scale has rightly been taken
on account of Petitioner’s failure to acquire the requisite qualifications
within prescribed period.
10. Mr. Khairadi would appear on behalf of University in Writ
Petition No.6976 of 2022. In support of decision to retire Petitioner on
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attaining the age of 58 years, he would submit that in absence of holding
requisite qualification for appointment to the post of Librarian, Petitioner
has rightly been treated as non-teaching staff. That UGC is the ultimate
authority to decide eligibility criteria to hold the post of Librarian. Since
the Petitioner failed to get the UGC pay scale, he cannot work till the age
of 60 years which age limit is applicable only to qualified teaching staff.
11. We have also heard Mr. Rodrigues learned counsel appearing
for UGC in Writ Petition No.6976 of 2022.
12. Rival contentions of the parties now fall for our
consideration.
13. We first proceed to examine whether Petitioner is entitled to
grant of UGC pay scale applicable for the post of Librarian. There is no
dispute about the applicable eligibility criteria for filling up the post of

Librarian. Petitioner was appointed on 29 August 1992. By GR dated 25
March 1994, the essential qualifications were prescribed as under:
i) Good Academic record with atleast high second class Master’s
decree in a subject other than Library Science.
ii) Master’s degree in Library Science with first class or High
second class.
th
Shri. Hegade was confirmed on the services on 28 August 1994.
Before the confirmation of his services, Maharashtra government has
come out with essential qualification with the resolution
th
no.USG/1494/(2713)UNI-4 dated 25 march 1994. The essential
qualification prescribed were:
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iii) Qualifying the national level test conducted for the purpose by
the UGC or any other agency approved by the UGC.
iv) Masters Degree in Library Science/information Science/
Documentation or an equivalent professional degree with
atleast fifty five percent Marks or its equivalent grade plus at
consistently good academic record.
OR
Masters Degree in Art/ Science/ Commerce or equivalent
degree with atleast fifty five percent Marks or its equivalent
grade plus a consistently good academic record.
14. At the time of his initial recruitment as a Librarian, he was
lacking qualification of M.Lib. as required under the GR dated 25 March
1994. The college attempted to terminate Petitioner’s services for not
holding qualification of M.Lib prescribed in the GR dated 25 March
1994 by issuing termination letter dated 23 November 1994. The
University had however issued a Circular on 10 August 1994 which
reads thus:
SHIVAJI UNIVERSITY, KOLHAPUR
Ref 3U/Affi/T-1/704 Date: 10-8-1994.
To,
The Principals
Of Affiliated Arts, Science,
Commerce and Education Colleges and
The Directors of Recognized Institute.
In continuation of this office order No. SU/Affi/T-1/2084
dated 26/11/93 I am directed to inform you that recently the
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Government of Maharashtra has accepted the revised qualifications for
the post of Librarian in affiliated colleges prescribed by the U.G.C.
vide their letter No. F. 1-9/84/(CPP-I) dated 20/2/90 vide their
G.R.No.1) USG 1494/(2713)/UNI-4 dated 25-3-1994 2) USG-
1494/(2713)/UNI-4 dated 16-4-1994. (Copies of the revised
resolution are enclosed herewith for information)
These qualification are applicable to the Librarians whose
appointments are made after 1/1/86. The scales prescribed by the
U.G.C. and accepted by the Government of Maharashtra are
applicable to all those incumbents from 1/1/86 or from the date of
which they fulfill the revised qualifications.
Similarly those who are appointed as a Librarian previously on
lower scale will become eligible for the U.G.C. revised scale as and
when they acquire new U.G.C. qualifications.
This may please be brought to the Notice of the Librarian
working in your college.
Yours faithfully,
Sd/-
Dy. Registrar
15. Referring to its Circular dated 10 August 1994, the
university issued letter dated 28 November 1994 to the College directing
reinstatement of Petitioner’s services. Letter dated 28 November 1994
reads thus:
f’kokth fo|kihB] dksYgkiwj
Qksu ua- eksuksxzWe fo|kuxj
dksYgkiwj 416 004-
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lkaxksys rkyqdk ‘ksrdjh f’k{k.k
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n~okjk foKku egkfo|ky;]
lkaxksyk 413 307] ft- lksykiwj-
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egksn;]
mijksDr fo”k;kl vuql#u vkns’kkUo;s dGfo.;kr ;srs dh] izkpk;kZauk
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ulrhy rj R;kauk fn- 14@8@1986 P;k ‘kklukns’kkuqlkj ‘kS{kf.kd
vgZrk /kkj.k djhr vlY;kus R;kauk ekU;rk fnysyh vkgs o rh yksvj
Ldsye/;s fnysys vkgs- Eg.kwu rs tsOgk lq/kkfjr ‘kS{kf.kd ik=rk /kkj.k
djrhy rsOgk R;kauk lq/kkfjr Ldsy feGsy-
rsOgk Jh- ,l- lh- gsxMs ;kauk lsokeqDr u djrk fn- 25@3@1994
P;k ‘kklu vkns’kkuqlkj ‘kS{kf.kd ik=rk /kkj.k djrsi;Zar fn- 14@8@1986
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n~okjk & fHkejko ikVksGs] ijhV xYyh] lkaxksyk & ;kauk ekfgrhlkBh-
16. Based on the Circular dated 10 August 1994, the University
directed Petitioner’s reinstatement with further directions that he would
be granted UGC pay scale immediately upon acquisition of qualifications
prescribed in GR dated 25 March 1994. Petitioner accordingly acquired
the requisite qualification of M.Lib. With B+ grade on 29 September
2000. Therefore, as per the Circular dated 10 August 1994 read with
letter dated 28 November 1994 issued by the University, Petitioner was
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required to be granted UGC pay scale with effect from 29 September
2000.
17. However, Petitioner’s proposal is rejected by making a
reference to GRs dated 18 October 2001 and 27 June 2013. It would
therefore be necessarily to consider the effect of those GRs.
18. UGC issued Notification dated 19 September 1991 for
prescribing eligibility criteria for appointments of Lecturers, which
included inter alia passing of National Eligibility Test / State Eligibility
Test. The Government of Maharashtra adopted the said qualification
prescribed by UGC by GR dated 11 December 1999 by prescribing
qualification of NET / SET for appointment of Librarians. However,
several Lecturers were appointed without possessing the qualification of
passing NET / SET during the period from 19 September 1999 to 11
December 1999. An issue thus arose as to whether services of such
Lecturers appointed during 19 January 1991 to 11 December 1999 were
to be terminated or not. Therefore, GR dated 18 October 2001 was
issued for continuation of services of Lecturers recruited without passing
NET / SET during 19 September 1991 to 11 December 1999. Their
services were continued subject to condition of passing NET / SET
before December 2003. However they were not to be granted any
financial benefits (promotion, higher pay scale, selection grade) without
passing NET / SET.
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19. The State Government thereafter issued one more GR on 27
June 2013 for grant of exemption from passing NET / SET to various
Lecturers. It was directed that those Lecturers who are appointed prior to
23 October 1992 need not possess the qualification of passing NET /
SET. It was further directed that Lecturers appointed during 23 October
1992 to 03 April 2000 without passing NET / SET would be regularized
in services subject to conditions laid down in the GR.
20. Perusal of the impugned order dated 28 March 2019 and 05
April 2019 would show that the Divisional Joint Director as well as the
University have placed heavy reliance on GR dated 18 October 2001 and
17 June 2013 for the purpose of deciding Petitioner’s entitlement for
grant of UGC pay scale. However, both the Government Resolutions do
not relate to the issue of grant of UGC pay scale in any manner. The
objective behind issuance of said two Government Resolutions was to
exempt / regularize services of Lecturers appointed without passing
NET / SET. As far as the Petitioner is concerned, he was appointed on
29 August 1992 and is exempted from passing NET / SET as per
paragraph No.14 of the GR dated 27 June 2013. Once Petitioner is
exempted from requirement of passing NET / SET, GRs dated 18
October 2001 and 23 October 1992 become totally irrelevant for the
purpose of deciding his entitlement for grant of UGC pay scale.
21. Therefore, window period from 23 October 1992 to 03 April
2000 prescribed for regularizing services of Lecturers appointed without
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passing NET / SET is inapplicable for deciding Petitioner’s entitlement
for grant of UGC pay scale. We therefore find that the decisions taken by
the State Government as well as the University for rejecting proposal for
grant UGC pay scale to Petitioner are totally faulted.
22. Petitioner was given specific promise vide letter dated 28
November 1994 that UGC pay scale would be extended to him
immediately upon acquisition of qualification prescribed in GR dated 25
March 1994. The said promise was based on University’s Circular dated
10 August 1994. However, the effect of the said circular is not at all
taken into consideration by the State Government or by the University
while rejecting Petitioner’s request.
23. We therefore find impugned orders dated 28 March 2019
passed by the Divisional Joint Director as well as 05 April 2019 of the
University to be unsustainable. We hold that Petitioner is entitled to
grant of UGC pay scale with effect from 29 September 2000 when he
acquired the qualification M. Lib. with B+ grade.
24. Having arrived at a conclusion that Petitioner is entitled to be
granted UGC pay scale with effect from 29 September 2000, the very
cause behind decision dated 10 February 2021 in treating Petitioner as
non-teaching staff would no longer survive. The only reason for treating
Petitioner as non-teaching staff is non extension of UGC pay scale. Once
it is held that Petitioner is entitled to be granted UGC pay scale with
effect from 29 September 2000, the decision to retire him on attaining
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age of 58 years would be automatically rendered illegal. Therefore, we are
not entering into the debate whether a Librarian not holding
qualifications or who is denied UGC payscale can be treated as teaching
or non-teaching staff. In the present case, Petitioner is held entitled for
grant of UGC payscale and both State Government and University don’t
dispute the position that the age of retirement of a Librarian with UGC
payscale is 60 years. Petitioner is thus wrongfully made to retire on
attaining age of 58 years. He is apparently denied pension on the pretext
of pendency of this Petition. He is thus without any pay or pension since
1 June 2022. He was willing to discharge his duties but has been
unlawfully prevented from working. In these circumstances, he is entitled
to be paid salary and allowances from 1 June 2022 till reinstatement.
25. Resultantly, both the Writ Petitions succeed. We proceed to
pass the following Order:
i) Orders dated 28 March 2019 and 05 April 2019 in
Writ Petition No.4066 of 2021 are set aside.
ii) Petitioner is held entitled for grant of UGC pay scale
with effect from 29 September 2000. Respondents are
directed to pay the arrears of salary and allowances
arising out of extension of UGC pay scale to Petitioner
within a period of 08 weeks from today.
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iii) Orders/communications dated 10 February 2021, 24
May 2022 and 30 May 2022 in Writ Petition No.
6976 of 2022 are set aside.
iv) Petitioner is entitled to serve on the post of Librarian in
the Respondent college till attaining age of 60 years.
Petitioner shall be accordingly reinstated in the services
and shall be paid full salary and allowances during the
period from 01 June 2022 till the date of his
reinstatement with intervening period being treated as
duty for all purposes.
26. Writ Petition Nos.4066 of 2021 and 6976 of 2022 are
accordingly allowed. There shall be no order as to costs. Rule is made
absolute.
SANDEEP V. MARNE, J. SUNIL B. SHUKRE, J.
Digitally signed
by KISHOR
VISHNU
KAMBLE
Date:
2023.09.26
17:15:40
+0530
KISHOR
VISHNU
KAMBLE
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