1 IN THE HICH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3324/2010 Shivaji University Teachers’ Association and Ors. Petitioners Vs. The University Grants Commission and Ors. Respondents Mr.C.G.Gavnekar for petitioner Ms.S.S.Bhende,AGP for Res.3 Mr.S.R.Ganbavale for Res.2 Mr.Rui Rodrigues for Res.1 Ms.Pallavi Dabholkar i/b Mr.G.S.Godbole for Res.5 CORAM- A.M.KHANWILKAR AND MRS.MRIDULA BHATKAR,JJ. DATE 8th April,2011 P.C. . Heard counsel for the parties. 2 Rule. Rule made returnable forthwith by consent. Mr.Ganbavale for respondent no.2 , Mr.Rui Rodrigues for respondent no.1, AGP for respondent no.3 and Ms.Pallavi Dabholkar for respondent no.5 waive service .As short question is involved, the petition is taken up for final disposal by consent . 3 The petitioners have prayed for the following reliefs. 2 “(a) That by Writ of Mandamus and/or by appropriate Writ,Direction and Order,Your Lordship be pleased to direct the Respondents to give the benefits of fixing pay at minimum of Rs.14940/-upon completion of five years from the dates with effect from which they were placed in the Selection grade and particularly mentioned in Exhibit “A”. (b) That by Writ of Mandamus and/or by appropriate Writ,Direction and order, Your Lordship be pleased to direct the Respondents to implement the Career Advancement Scheme with effect from 1.1.1996 and to give the benefit of fixation of pay at minimum Rs.14,940/- and consequent increments as provided under the scheme. (c) Records and proceedings be called for.” 4 It is indisputable that the identical relief was claimed by the counterparts of the petitioners before the Kerala High Court by way of writ petitions under Article 226 of the Constitution of India . Against the said decision the University Grants Commission preferred an appeal before the Division Bench of the Kerala High Court . The Division Bench disposed of the said petitions on the following basis. “ These are appeals filed by the Union of India and University Grants Commission aggrieved by the common judgment dated 3 16.1.2008 in O.P.No.36112/2002, W.P.(C)3123/2004 and Cont. Case (Civil) No.451/ 2006 .The issue essentially pertains to the claim made by the writ petitioners who are Selection grade Lecturers in various colleges in the State seeking a scale of pay of Rs.14,940/- on completion of five years in the post of Reader/Selection Grade Lecturer. 2 Heard the learned Additional Solicitor General Sri.Raveendran, learned counsel for the respondents and also the learned counsel appearing for the Writ Petitioners. 3 Though various related issues are also taken up in the writ petitions, learned counsel for the writ petitioners submit that W.A.No.1394/2008 & Conn.cases they confine their grievance only to the claim for a scale of pay of Rs.14,940/- from the date of completion of five years as Reader/Selection Grade Lecturer. Earned Additional Solicitor General submits that the Government of India and the University Grants Commission have no objection in granting the scale of pay of Rs.14,940/- from the date of completion of five years as Reader/Selection Grade Lecturer. The dispute hitherto was as to whether teachers should be Selection grade Lecturers as on 01.01.1996. In view of the clarification made by the learned Additional Solicitor General that Government of India and the University Grants Commission do not intend to prescribe and insist for such a cut off date and such insistence is only with regard to the eligibility on completion of five years as Reader/Selection Grade Lecturers,we need not go into that question. 4 Yet another apprehension expressed by the learned Additional Solicitor General was that in the case of those 4 Selection Grade Lecturers who have already completed five years prior to 01.01.1996, they may not claim the scale of pay of Rs.14,940/- from the date of completion of five years to W.A.No. 1394/08 & Conn.Cases 01.01.1996. We make it clear that since the scheme itself has been introduced only with effect from 01.01.1996, even in the case of those teachers who had completed five years prior to 01.01.1996,they will be entitled to the scale of pay of Rs.14,940/- only with effect from 01.01.199.Those teachers who were Lecturers as on 01.01.1996 and who were subsequently placed in the Selection Grade after 01.01.1996, they will be entitled to draw the scale of pay of Rs. 14,940/- on completion of five years in the Selection Grade. Subject to the above clarifications, these writ appeals are disposed of. We make it clear that in case the benefits have not been disbursed so far owing to the pendency of the writ appeals, now that the writ appeals have been disposed of, the eligible benefits to the writ petitioners shall be disbursed within a period of three months from the date of production of a copy of this judgment. We have fixed the time as above in view of the submission made by the learned Additional Solicitor General that the liability of the Union Ministry and the University Grants Commission will be disbursed to the State within a period of one W.A.No.1394/08 & Conn.Cases month from the date of receipt of the requisition from the State, if not already disbursed. 5 In the present petition the State of Maharashtra is not opposing the relief to extend the 5 benefit claimed by the petitioners on the same lines. Even the University Grants Commission has supported the stand of the petitioners before us. In so far as Union of India is concerned, as is noticed from the above-said decision the Additional Solicitor appearing for Union of India had given no objection for granting the scale of pay of Rs.14,940/- from the date of completion of five years as Readers/ Selection Grade Lecturers. The Union of India cannot be heard to take a different stand in this petition. Rather, counsel appearing for the Union of India reiterates the same position, as now he has appeared before us. 6 Accordingly, we dispose of this petition on the same terms as in the case of University Grants Commission Vs. B. J. Vincent,Muttikkal House,Sakthi and Ors. in W.A.No.1394/2008 and companion matters(Kerala Highcourt at Kenakulam) . In other words the Writ Petition is made absolute in terms of prayer clause ‘a’ and ‘b’ with no order as to costs. 7 We hope and trust that the respondents would 6 disburse the amount due and payable to the petitioners in terms of this order, expeditiously. (MRS.MRIDULA BHATKAR,J.) (A.M.KHANWILKAR ,J.)