1 WP2356.10 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. WRIT PETITION NO. 2356 OF 2010 Ms.Anjali Joshi ... Petitioner v/s The Registrar, SNDT College of Arts and SCB College of Commerce and Economics & ors. ... Respondents Mr.Mihir Desai for the petitioner. Mr.R.A.Rodrigues for respondent No.1. Ms.Anjali Helekar for respondent Nos.3 and 4. CORAM: B.H.MARLAPALLE & SMT.NISHITA MHATRE, JJ. DATED: 16TH NOVEMBER, 2011 P.C.: 1. Heard Mr.Desai, the learned counsel for the petitioner. 2. Rule. 3. Respondents waive service. 2 WP2356.10 4. Affidavit in reply on behalf of all the respondents have been filed and, therefore, the petition is heard finally. 5. The petitioner came to be appointed for the first time on 18.7.1996 as a Lecturer in Psychology pursuant to the recommendation made by the local selection committee, till the end of the academic year. In the next academic year, two posts of lecturers in Psychology were advertised and the petitioner was selected against the reserved post by the duly constituted selection committee and she came to be appointed on 10.11.1997. As per the revision of pay scales after implementation of the Fifth Pay Commission recommendations on 11.12.1999, the benefit of advance increments for lecturers for career advancement and particularly to those who obtained Ph.D. degrees was introduced. The University submitted a proposal to the State Government on 9.4.2002 for de-reservation of one post of the Lecturer in Psychology against which the petitioner continued and as the Government did not take the decision, the petitioner has filed Writ Petition No.1367 of 2002 which is presently pending before this Court. 6. The petitioner obtained her Ph.D. degree in February, 2009. In the meanwhile, she claimed the benefit of senior 3 WP2356.10 scale as per the Government Resolution dated 11.12.1999. She made similar representation on 10.11.2003 and finally she approached the Grievance Committee for the respondent University on 14.11.2008. The Grievance Committee accepted the petitioner’s claim and recommended to the Management Council, which recommendations, as per the petitioner, have been accepted and she was communicated the Management Council’s decision by letter dated 10/18.12.2008. The respondent University by its letter dated 12.1.2009 approached the State Government seeking clarification whether increments could be given to the petitioner as she was appointed against a reserved post. However, no further action was taken and, therefore, the petitioner has approached this Court praying for directions to, (i) grant her the annual increments from 18.7.1997 onwards with arrears and interest, (ii) two increments for having acquired Ph.D. degree from 7.2.2009 along with arrears and interest; and (iii) place the petitioner on senior scale with effect from 10.11.2003 and selection grade with effect from 10.11.2008 with all consequential benefits. 7. On behalf of the State Government, Dr.Manjusha Subhash Molwane, In-charge Joint Director of Higher Education, Mumbai Region, has filed affidavit in reply and it has been pointed out that the petitioner would be entitled for 4 WP2356.10 annual increments even though she has been appointed against the post reserved. It has also been further clarified that the petitioner would be entitled for two increments for having acquired the Ph.D. degree as per the Government Resolution dated 11.12.1999. So far as the senior scale and selection grade is concerned, it has been pointed out that the said benefit is available only to the regularly appointed lecturer and not to the lecturer who is appointed against the post reserved and such appointment could be a temporary one. 8. On behalf respondent Nos.1 and 2, the Director, Board of College and University Development of the respondent University has filed an affidavit in reply and has pointed out that the petitioner submitted her resignation and she was relieved from the post of Lecturer in Psychology on 8.10.2010. It has been further pointed out that from the academic year 1996-97 onwards she continued as a temporary teacher till she was relieved and the proposal submitted for de-reservation of the said post was pending with the State Government. It has been pointed out that though the petitioner was relieved on 8.10.2010 she was paid salary for the months of October and November, 2010 and, therefore, by letter dated 20.12.2010 she was called upon to refund the excess amount of salary which she had received. 5 WP2356.10 9. Mr.Desai, the learned counsel for the petitioner submitted that the prayers of the petitioner for the benefit of senior scale and selection grade would be subject to the outcome in the pending Writ Petition No.1367 of 2002 and the petitioner’s prayers for additional increments as well as annual increments has been accepted. 10. Hence, this petition succeeds partly. It is directed that the petitioner will be given the benefit of annual increments for the entire period of temporary tenure as a Lecturer for the academic year 1997-98 till she was relieved on 8.10.2010. We further direct that the petitioner be given the benefit of two additional increments from February, 2009 as she obtained her Ph.D. Degree. We also note the undertaking of the petitioner that she will refund the excess amount of salary which she has received, after adjusting her due salary upto 8.10.2010 and this shall be done within four weeks from today. 6 WP2356.10 The arrears of salary shall be paid to the petitioner by the respondent University within six weeks from today. Undoubtedly, the University shall pay the amount at the first instance and submit the bills to the State Government for reimbursement. 11. Rule is made absolute in the above terms. (SMT.NISHITA MHATRE, J.) (B.H.MARLAPALLE, J.) 7 WP2356.10