1) This petition under Article 226 of the Constitution of India is directed against the order dated 31st August 2011 passed by the Gujarat Affiliated College Service Tribunal (hereinafter referred to as “the Tribunal”) in Application No. 6 of 1990.
2) The facts giving rise to the present petition are that the petitioner was appointed as a part time lecturer on 1st July 1971 in P.R.B. Arts & Commerce College, Bardoli, wherein he worked as a part time employee till 12th July, 1977. It is the case of the petitioner that he had been allotted ten periods as part time lecturer and during the period when he was working at the Bardoli College, he was also simultaneously working in Navapura Arts & Commerce College, Surat as a part time lecturer from 19th August 1971 to 14th June 1972, where he had been allotted ten periods as a part time lecturer. From 15th June 1972 to 12th June 1977, the petitioner worked as a part time lecturer at Arts and Commerce College, Vyara, where he had been allotted ten periods as a part time lecturer. According to the petitioner, from the date of his appointment as part time lecturer, that is, from 1st July, 1971 till the date when he was appointed as a full time lecturer, he had worked as part time lecturer in two different colleges. The total work load of twenty periods in all, which was allotted to him by two different colleges, was equal to the work load of a full time lecturer.
3) It is the case of the petitioner that from 13th July, 1977 till the date of filing the petition, the work done by the petitioner was equal to that of a full time lecturer and, therefore, for all purposes the experience of the petitioner as a full time lecturer should be counted from the date on which he was appointed as a lecturer, that is, 1st July, 1971.
4) On 1st April, 1974, the petitioner was given the pay scale of Rs.700-1600. Later on, by a resolution dated 14th December 1988, the Government had sanctioned University Grants Commission pay scales to the universities, colleges and teachers. Subsequently, pursuant to the recommendation of the Mehrotra Commission, the Government of India revised the pay scales of university and college teachers with effect from 1986. In terms of the said resolution, the pay scales of the university and college teachers were revised with effect from 1st January, 1986 and all Lecturers in the existing scale of 700-1600, who had completed eight years of service on 1st January 1986, were to be placed in the pay scale of Rs.3700-5700. The resolution further provided that every Lecturer in the senior scale would be eligible for promotion to the post of Reader in the pay scale of Rs.3700-5700 if he/she has completed 8 years of service in the senior scale, provided that the requirement of eight years of service would be relaxed if the total service of the Lecturer was not less than sixteen years. In case of a teacher whose service as a lecturer was more than eight years, his previous service as a Tutor/Demonstrator would be counted as lecturer from the date he acquired the qualification for the post of Lecturer in the ratio of five years as Tutor/Demonstrator and four years as lecturer. Certain other eligibility conditions were also provided, which are not relevant for the present purpose.
5) It is the case of the petitioner that as he was appointed on 1st July, 1971 and had worked as a part time lecturer in two different colleges, which was equal to the duties of a full time lecturer inasmuch as he had taken twenty periods per week, the part time service, which he had rendered is also required to be taken into consideration while computing the total period of service, for the purpose of getting selection grade of Rs.3700-5700, which comes to sixteen years. If such service is taken into account from 1st July 1971, the petitioner would be entitled to receive selection grade of Rs.3700-5700 on 1st July 1987, namely, the date on which he completed sixteen years as a lecturer in the college.
6) Since such benefit in terms of the recommendations of the Mehrotra Pay Commission had not been granted to the petitioner, the petitioner moved an application before the Tribunal for getting senior grade as well as selection grade in terms of the above referred resolution of the State Government. The petitioner also sought a direction to the respondents to pay the difference of salary, that is, arrears of salary after fixing his salary at Rs.3700-5700 as on 13th June, 1990 as well as for revision in pension and gratuity. By the impugned order, the Tribunal rejected the application holding that the petitioner was not entitled to get selection grade with effect from 1st July, 1987 since he started his service tenure as a full time lecturer with effect from 15th June, 1981.
Being aggrieved the petitioner has filed the present petition.
7) From the facts noted herein above, it is apparent that the petitioner claims benefit of the resolution dated 14th September, 1988 of the State Government, a copy whereof has been annexed along with the petition. Thus, the claim of the petitioner for selection grade with effect from 1st July, 1987 is required to be examined in the light of the provisions of the said Government resolution.
8) It may be recalled that the petitioner, initially, was not appointed as a full time lecturer on a regular basis but was simultaneously serving in two colleges on a part time basis from 1st July, 1971 till the time he was appointed as a full time lecturer on 13th July, 1977. It is the case of the petitioner that he is entitled to receive selection grade of Rs.3700-5700 on 1st July, 1987 as, according to him, he has completed sixteen years as a lecturer on such date. If the period of service of the petitioner is computed from the date when he was appointed as a full time lecturer, that is, 13th July, 1977, as on 1st July 1987, the petitioner would have completed only ten years of service which would be much short of the required sixteen years. The petitioner claims that the overall service rendered by him as part time lecturer in two different colleges, being equal to that of a full time lecturer as he had, in all, taken twenty periods per week during such period, the same should be taken into consideration while computing the total service rendered by him as a full time lecturer. If such period, that is, 1st July, 1971 till 13th July, 1977 is taken into account while computing the total service rendered by the petitioner as a full time lecturer for the purpose of considering his eligibility to obtain selection grade, the period of sixteen years would stand completed.
9) As can be seen from the impugned order, the Tribunal, upon appreciation of the material on record, has found that the petitioner was appointed as a full time lecturer only with effect from 15th June, 1981 and as per the Government Resolution, the service of a college employee can be considered from the date when he was appointed as a full time lecturer and was, therefore, of the view that the petitioner was not entitled to get selection grade with effect from 1st July, 1987. The Tribunal has further observed that there is no dispute that the petitioner is entitled to get selection grade, but the dispute raised by the petitioner with regard to the date when he was appointed as a part time lecturer could not be considered. According to the Tribunal, the service of a person as a part time lecturer cannot be considered in terms of the various Government Resolutions.
10) In this regard, a perusal of the Government Resolution dated 14th September, 1988 shows that only those candidates who fulfilled the minimum qualifications prescribed for the post of Lecturer would be eligible for appointment to the post of Lecturer. The minimum qualifications for appointment to the post of Lecturer in the scale of Rs.2200-4000 was Master’s degree in the relevant subject with at least 55% marks or its equivalent grade an good academic record. The resolution further provides that every Lecturer will be placed in senior scale of Rs.3000-5000 if he/she, interalia, has completed eight years of service after regular appointment with relaxation as provided in para 9 thereof. The explanation thereto provides that all Lecturers in the existing scale of Rs.770-1600 who had completed eight years of service on 1st January, 1986 would be placed through a process of screening/selection in the scale of 3000-5000. Para 11 of the resolution provides that every Lecturer in the senior scale would be eligible for promotion to the post of Reader in the pay scale of Rs.3700-5700 if he/she satisfies the requirement stipulated thereunder. Paragraph 13 provides that those lecturers in the senior scale who do not have Ph.D. Degree or equivalent published work and who do not meet the scholarship and research standards of a Reader, but fulfill the other criteria mentioned in paragraph 11 and have a good record in teaching and or participation and extension activities, would be placed in the grade of 3700-5700 subject to recommendation of the Committee mentioned in para-12 of the said resolution. They will be designated as Lecturers in the Selection grade. Posts in the selection grade will be created for this purpose by upgrading the post held by them. Paragraph 14 provides that Lecturers in the existing selection grade of Rs.1200-1900 in the colleges will be placed at the appropriate stages in the revised selection grade of Rs.3700-5700 in accordance with the pay fixation formula under the scheme. Existing Lecturers who have completed or will complete, a total period of sixteen years of service on 1st January, 1986 or thereafter will be eligible for promotion to the post of Reader or placement in the selection grade in accordance with the provisions contained in para 11, 12 and 13.
11) Thus, under the above Government Resolution, existing lecturers who have completed a total period of sixteen years of service on 1st January, 1986 or thereafter are eligible for placement in the selection grade. For being eligible to be placed in the selection grade, a person is required to have completed sixteen years of service as a lecturer. Under the scheme of the Government Resolution, the expression “lecturer” envisages a full time lecturer who has been appointed in the regular course. In the entire resolution, there is nothing to indicate that service rendered as a part time lecturer can be taken into consideration for the purpose of computation of eligibility for selection grade. In the present case, admittedly, the petitioner was working as a part time lecturer till 13th July, 1977 when he came to be appointed as a full time lecturer. Thus, for the purpose of computing the entitlement to selection grade, it is only the period after the petitioner came to be appointed as a full time lecturer that can be taken into consideration. From 13th July, 1977, till the date when the application was made before the Tribunal, undoubtedly the petitioner had not completed sixteen years of service as contemplated under the government resolution. Under the circumstances, the petitioner was not entitled to the benefit of selection grade on the date when such application was made.
12) In the above premises, it is not possible to state that there is any infirmity in the impugned order of the Tribunal in holding that the petitioner was not entitled to get selection grade with effect from 1st July 1987.
13) In the result, the petition fails and is, therefore, dismissed. Rule is discharged with no order as to costs.
(HARSHA DEVANI,J.) Vahid