IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION WRIT PETITION NO.6608 OF 2009 Mrs. Tanuja U. Kaup ...Petitioner. v. The Registrar,SNDT Women’s University & Ors. ...Respondents. Mr.Mihir Desai, adv. For the Petitioner. Ms. Manorama Mohanty i/by M/s.Srivastav & Co., adv. For the Respondent Nos.1 and 2. Mr. A.B.Vagyani, AGP for the Respondent Nos.3 and 4. CORAM : F.I.REBELLO & J.H. BHATIA, JJ. DATED : 12th November , 2009 P.C. 1 Rule. Heard forthwith. 2 Petitioner was initially appointed as part-time Shikshan Sevak and thereafter appointed as Shikshan Sevan on the full time basis. Petitioner had the grievance about the appointment and accordingly, approached the Grievance Committee. The Grievance Committee by its order dated 14th December, 2006 was pleased to direct the Regional Deputy Director of Education to grant approval to the appointment of the petitioner as Shikshan Sevan with effect from 16.7.2004 for a further period of 3 years after taking into consideration the service rendered by the petitioner for the academic year 2003-04 to the extent of half service while counting the period of Shikshan Sevak and release the salary accordingly. Petitioner has preferred the review petition before the Committee which is pending. The learned counsel for the petitioner however, submits that as review is not maintainable he has advised the petitioner to keep the petition pending. Statement accepted. 3 At the hearing of this petition on behalf of the learned counsel, it is submitted that the Government issued the G.R. dated 6th June, 2005 and placed reliance on paragraph 9 of the same which reads as under: “9) Any person working as Part-time Teacher gets the chance to work as a Full-time Teacher and if he is fulfilling the requirements, rules and regulations then he will be appointed as shikshan Sevak. But while considering this kind of appointment policy for Reservation for Backward Classes must be followed. If any Part-time teacher appointed as Shikshan Sevak then his working period as Part-time Teacher must be calculated as a Half period [Six Months]. After that if he completes the essential requirements then he will be appointed under the regular pay scale. If any Part-time Teacher works for 6 years on part time basis and he is going to be appointed on Full time basis then he will not be appointed as Shikshan Sevak, but he will be considered under the regular pay scale after completing the necessary rules and regulations.” It is the case of the petitioner that if half the service as part-time teacher has to be considered which in the instance case has not been considered, what is considered is only one academic year. This non-consideration discloses an error of law on the face of the record and consequently, the order is liable to be set aside. 4 Considering paragraph 9 of the G.R. dated 6th June, 2005, we find that there is merit in the submission of the petitioner. What is to be counted is half of the service put in as Shikshan Sevak on half pay provided it is regular service. The Grievance Committee to consider this aspect. 5 In the light of that, the impugned order of the Grievance Committee to the limited extent of directing the Regional Deputy Director to consider the service of the Academic Year 2003-04 is set aside. The entire regular service as Shikshan Sevak on half pay should be complete and accordingly, revised the consequent issue after hearing all the parties. Rule made absolute accordingly with no order as to costs. (J.H. BHATIA,J.) (F.I.REBELLO, J.)