1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO.937 OF 2011. Dr. Babarao Karhade. ..Vrs.. State of Maharashtra and Others. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. CORAM : B. P. DHARMADHIKARI & A. P. BHANGALE, J J. DATED : 02 nd. September, 2011. Heard Mr. Parchure, the learned Counsel for the petitioner, Mr. Kankale, the learned Assistant Government Pleader for respondent Nos. 1 to 3 and Mrs. Shinde, the learned Counsel for respondent Nos. 4 and 5 finally with consent. 2. It appears that the petitioner, who joined the services as Lecturer on 19/09/1991, has been given benefit of Senior Scale after completion of six years of service from 01/10/1997. That benefit was sought to be withdrawn and recovery was proposed because of the contention that the petitioner did not possess requisite qualification, i.e. either NET/SET or Ph.D.. It appears that the matter was earlier before this court and this Court on 07.10.2010 allowed Writ Petition No. 1483 of 2010 and remanded the matter back to respondent No.3 for taking fresh decision. That decision taken on 10.11.2010 has been questioned before this Court. 2 3. Mr. Parchure, the learned Counsel, points out that the date of entry or the date of completion of six years of service is not in dispute. According to him, on 01/10/1997 there was no requirement and hence it was not necessary for the petitioner to possess either NET/SET or Ph.D. qualification for fixation of Senior Scale. In the alternative and without prejudice, he invites our attention to UGC notification dated 31st July, 2002 to urge that the candidate, like the petitioner, who had submitted his thesis for Ph.D. on or before 31st December, 2002, is exempt from appearing in the NET examination, provided he obtains Ph.D. qualification on the strength of that thesis. He points out that here the petitioner has accordingly obtained Ph.D. degree on 17th March, 2004. He states that in view of the above mentioned UGC notification, as the petitioner is exempt, the benefit of Senior Scale from 17/03/2004 deserves to be extended to him. He also points out that in any case as the petitioner is exempt by notification dated 31st. July, 2002, the benefit of Senior Scale needs to be extended from 31st July, 2002 and the impugned order extending it from 17th March, 2004 is unsustainable. 4. Mr. Kankale, the learned AGP for respondent Nos.1 to 3, supports the impugned order. 5. After hearing the respective Counsel, we find that in the impugned order date 17.03.2004 is inadvertently mentioned as 17.04.2004. The question as to whether in 3 1997 it was necessary for the petitioner to possess NET/SET or Ph.D. qualification, is not gone into by respondent No.2. Moreover, what is the effect of the notification dated 31st. July, 2002 granting exemption is also not correctly evaluated. Whether Senior Scale needs to be granted from the date on which the Ph.D. qualification was procured or then it did not prejudice that advantage/benefit already released with effect from 01.10.1997. As these cardinal issues, finds no consideration in the impugned order, it suffers from vice of non-application of mind. 6. The said order dated 01.10.1997 is hereby quashed and set aside. Respondent No.3 shall look into the notification dated 31st July, 2002 and its impact on the grievance of petitioner. Respondent No.3 shall also find out the position of 1997 in this respect. The petitioner is directed to appear before respondent No.3 on 26th September, 2011 and respondent No.3 shall proceed to pass appropriate orders after looking into all facets and in any case do so within period of two months from today. 7. Thus, petition is partly allowed. No costs. JUDGE JUDGE Deshmukh