Bombay High Court
Smt. Ranjana Wd/O Anil Solanke vs State Of Maharashtra, Through Its ... on 15 July, 2022
Author: A.S.Chandurkar
Bench: A.S.Chandurkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION No.2940 OF 2010
Dr. Ramdas Motiramji Bhute,
Aged 55 years,
Occupation : Service,
R/o. B-II, 406, "Hani Archana Complex",
Untkhana, Medical Road,
Nagpur. : PETITIONER
...VERSUS...
1. The State of Maharashtra,
Through Secretary,
Ministry of Education,
Mantralaya, Mumbai-32.
2. Director of Education,
M.S. Pune.
3. Joint Director of Education,
Old Moress College Building,
Sitabuldi, Nagpur.
4. Sindhu Mahavidyalaya,
through Principal,
Panchpaoli,
Nagpur. : RESPONDENTS
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Shri Shreyas Khadse, Advocate for Petitioner.
Shri N.R. Patil, Assistant Government Pleader for Respondents.
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CORAM : A.S.Chandurkar And Urmila Joshi-Phalke, JJ.
Arguments heard on : 05.07.2022
Judgment delivered on : 12.07.2022
ORAL JUDGMENT : (Per : Urmila Joshi-Phalke, J.)
1. Heard Shri Shreyas Khadse, learned counsel for the petitioner and Shri N.R. Patil, Assistant Government Pleader for respondents.
2. The petitioner has challenged the action of respondent No.3-Joint Director of Education, Nagpur in not granting two increments to the petitioner as per the Government Resolution dated 11.12.1999. As per the contention of the petitioner he had passed B. Pharm. Examination in the year 1978 and completed his M.Sc. in Micro Biology in the year 1981. He was appointed as Lecturer in Micro Biology in September 1983 in the respondent No.4- College of Sindhu Mahavidyalaya, Nagpur and was Associate Professor in the said College and was teaching Micro Biology. It is further contention of the petitioner that he had obtained Ph.D. in Economics in the year 2005 and therefore he was ::: Uploaded on - 18/07/2022 ::: Downloaded on - 19/07/2022 23:20:23 ::: J-wp2940.10.odt 3/16 declared as eligible for the award of Ph.D. vide notification dated 25.10.2005. Accordingly, said notification was issued. As he had completed his Ph.D. on 25.10.2005, he is entitled for two increments as per the Resolution of Government of Maharashtra dated 11.12.1999. But he had not received these two advance increments as per the said Resolution from the year i.e. since 26.10.2005.Therefore, he moved representation to the respondent No.4-Principal, Sindhu Mahavidyalaya on 11.3.2010. On receipt of the said representation respondent No.3 had asked for certain documents from respondent No.4- College. Accordingly, respondent No.4-College had forwarded the said documents to the respondent No.3-Joint Director of Education. After receipt of said document respondent No.3- Joint Director of Education by letter dated 6/7.4.2010 informed the respondent No.4-College that the petitioner is not entitled for the said increments because he had not obtained Ph.D. in the concerned subject and accordingly service book of the petitioner was returned back to the respondent No.4-College.
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3. On receipt of the said communication petitioner had filed an application under the Right to Information Act, 2005 for seeking information that under which Rule two increments was not granted under 5th Pay Commission after obtaining the Ph.D. before 2006. It was informed to him on 21.4.2010 that in view of notification dated 3.4.2003, 21.6.2006 and 5.9.2006 as Ph.D. is not of the same subject said increments could not be granted. As petitioner was not satisfied with the said decision, he preferred present writ petition for declaration that the action of the respondent No.3-Joint Director of Education, Nagpur in not granting the said increments to the petitioner as per resolution dated 11.12.1999 is arbitrary, illegal and liable to be set aside.
4. The respondent Nos.1 to 3 in response to the notice have taken a stand that the petitioner is a Lecturer in subject of Micro Biology and claimed two advance increments as per the Government Resolution dated 11.12.1999 on the ground that he had obtained Ph.D. in Economics and as the petitioner had obtained the Ph.D. in different subject than the subject he ::: Uploaded on - 18/07/2022 ::: Downloaded on - 19/07/2022 23:20:23 ::: J-wp2940.10.odt 5/16 is teaching he is not entitled for the said advance increments. Therefore, the contention of the petitioner that the order passed by the respondent No.3-Joint Director is illegal and arbitrary has no substance and writ petition deserves to be dismissed.
5. Heard Shri Shreyas Khadse, learned counsel for the petitioner. He submitted that the petitioner is entitled for the advance increments in accordance with the Government Resolution dated 11th December, 1999. He invited our attention towards clause (11) which deals with the incentives for Ph.D./M.Phil. He submitted that in view of clause (11) of the said Resolution petitioner is eligible for two advance increments as he acquired Ph.D. degree during his service career. Said Resolution nowhere states that the candidate should obtain Ph.D. degree in the same subject which he is teaching. Therefore, the stand taken by the respondents is not correct and liable to be rejected.
6. He further submitted that the Resolution issued by the Government of Maharashtra dated 12th August, 2009 is not ::: Uploaded on - 18/07/2022 ::: Downloaded on - 19/07/2022 23:20:23 ::: J-wp2940.10.odt 6/16 applicable to him. Even for the sake of argument it is made applicable to him said Resolution nowhere states that the petitioner should obtain Ph.D. degree in the same subject which he is teaching. He submitted that as per clause (7) of the Resolution dated 12th August, 2009 sub-clause (iv) shows that teachers who complete their Ph.D Degree while in service shall be entitled to 3 non-compounded increments if such Ph.D. is in the relevant discipline and has been awarded by a University complying with the process prescribed by the UGC for enrolment, course work and evaluation, etc. in its Regulation. He further submitted that said Resolution is applicable w.e.f. 1.1.2006 as petitioner has obtained the Ph.D. degree in the year 2005 itself. Therefore, said Resolution is not applicable to him and hence in view of earlier Resolution he is entitled for the said advance increments.
7. On the other hand, Shri N.R. Patil, learned Assistant Government Pleader for the respondents submitted that admittedly petitioner is serving in respondent No.4- College. He is Lecturer in Micro Biology. Admittedly, he had ::: Uploaded on - 18/07/2022 ::: Downloaded on - 19/07/2022 23:20:23 ::: J-wp2940.10.odt 7/16 obtained Ph.D. degree in Economics. It is also an admitted position that he was not teaching Economics in the College. To understand incentives given for M.Phil and Ph.D. it is necessary to go back to the 4 th Pay Commission Government Resolution issued on 27.2.1989 which was issued before this Government Resolution. The relevant portion of the said resolution shows that in order to encourage research, in continuation of post graduate studies, candidates who at the time of recruitment as Lecturers, possess Ph.D. or M.Phil. degree (hereinafter called jointly as the "research degrees") will be sanctioned three and one advance increments respectively in the Scale of 2200-4000 along with the benefit of the corresponding year of service for the purpose of promotion. It further states that the existing Lecturers without research degrees and those similarly situate recruited in future will be eligible for a similar benefit in service for the purpose of promotion as and when they acquire research degrees, but will not be eligible for advance increments. Existing Lecturers with research degrees will also be eligible ::: Uploaded on - 18/07/2022 ::: Downloaded on - 19/07/2022 23:20:23 ::: J-wp2940.10.odt 8/16 for similar benefits.
8. He further submitted that the G.R. dated 11.12.1999 on which petitioner is relying upon also states that a teacher will be eligible for two advance increments as and when she/he acquires a Ph.D. degree in her/his service career. A teacher means he is qualified in the relevant subject and approved to teach the subject, as petitioner is Lecturer in Micro Biology and he is demanding incentives for Ph.D. in Economics, but he is not appointed Lecturer in Economics. Thus, it is very clear that a Teacher would be eligible for two advance increments as and when he/she acquires a Ph.D. degree in her/his service career.
9. Shri N.R. Patil, learned Assistant Government Pleader invited our attention towards the definition of Teacher given under the Maharashtra Public Universities Act, 2016. As per Section 2(61) the definition of Teacher denotes that "Teacher" means full-time approved professor, associate professor, assistant professor, reader, lecturer, librarian, principal, Director of an institution, Director of Knowledge ::: Uploaded on - 18/07/2022 ::: Downloaded on - 19/07/2022 23:20:23 ::: J-wp2940.10.odt 9/16 Resource Centre, Director of Centre of Lifelong Learning and Extension, deputy or assistant librarian in the university, college librarian, Director or Instructor of physical education in any university department, conducted, affiliated or autonomous college, autonomous institution or department or recognized institution of the University. He had also taken us towards the definition of "Teacher" given under the Maharashtra Universities Act, 1994 in Section 2(34) which states that "Teacher" means full-time approved professor, associate professor, assistant professor, reader, lecturer, librarian [principal, deputy or assistant librarian and documentation officer in the university, and college librarian], Director or Instructor of physical education in any university department, conducted, affiliated or autonomous college, autonomous institution or department or recognized institution in the University. He also referred the definition of "Teacher" given in Section 2(30) of Nagpur University Act, 1974 which states that "Teacher" means a full time Professor, Associate Professor, Reader, Lecturer, Demonstrator, Tutor, ::: Uploaded on - 18/07/2022 ::: Downloaded on - 19/07/2022 23:20:23 ::: J-wp2940.10.odt 10/16 Master of Method or Director of Physical Education, if any, in any conducted, constituent or affiliated College or recognized institution in the University, and includes any other persons, imparting instruction or guiding research, whether serving full time or part time or in an honorary capacity, who are designated to be Teacher by the Statutes made on the recommendation of the Academic Council.
10. He further submitted that as per the explanation above, teacher will be eligible means the teacher who obtained Ph.D. in the relevant subject. The petitioner is Lecturer in Micro Biology. He had obtained Ph.D. in Economic therefore he could not be given two advance increments for Ph.D. in Economics.
11. Admittedly, the petitioner had obtained degree of Master in Science and he was a Lecturer teaching Micro Biology in respondent No.4-College. Subsequently, he started serving as Associate Professor in the said College and was teaching Micro Biology to the students of B.Sc. Thus, there is no dispute in respect of the fact that the petitioner was ::: Uploaded on - 18/07/2022 ::: Downloaded on - 19/07/2022 23:20:23 ::: J-wp2940.10.odt 11/16 Lecturer in Micro Biology and teaching Micro Biology as an Associate Professor. Admittedly, the petitioner was not teaching Economics or any related subject of Commerce. He relied on Annexure-A which shows that he had registered for obtaining Ph.D. on 15.2.1999, it shows that at the time of entering in service he had not obtained the qualification of Ph.D. He registered for Ph.D. in the year 15.2.1999 for Social Science faculty. He had chosen the subject Economics and the topic of the thesis was Economic Analysis of Growth of Urban Co-operative Banks in Vidarbha Region and its Implications (Reference period 1989 to 1998) under the guidance of Professor K.E. Patil Head Department of Economics C.P. & Berar College. Thus, admitted position is that petitioner had not registered for Ph.D. in respect of the subject Micro Biology which he was teaching in the College. If the Government Resolution dated 11th December, 1999 is perused, the title of the said Resolution shows that revision of pay scale of teachers and other measures for maintenance of standards in Higher Education. The title of Government Resolution itself shows ::: Uploaded on - 18/07/2022 ::: Downloaded on - 19/07/2022 23:20:23 ::: J-wp2940.10.odt 12/16 provision was made to maintain the standards in higher education. The petitioner had referred clause (11) of the said Resolution. Said clause (11) is re-produced here for the reference :
"11. Incentives for Ph.D/M.Phil.
Four and two advance increments will be admissible to those who hold Ph.D. and M.Phil, degrees, respectively, at the time of recruitment as Lecturers. Candidates with D./Litt/D.Sc. should be given benefit on par with Ph.D. and M.Litt. on par with M.Phil. One increment will be admissible to those teachers with M.Phil. who acquire Ph.D. within two years of recruitment.
A Lecture with Ph.D. will be eligible for two advance increments when she/he moves into Selection Grade/Reader.
A teacher will be eligible for two advance increments as and when she/he acquires a Ph.D. degree in her/his service career."
12. The heading of clause (11) states about the incentives for Ph.D./M.Phil. If dictionary meaning of "incentives" is taken into consideration, it says that the "incentive" means a thing that motivates or encourages someone to do something'. It is the payment or concession to stimulate greater output or investment. The purpose of the ::: Uploaded on - 18/07/2022 ::: Downloaded on - 19/07/2022 23:20:23 ::: J-wp2940.10.odt 13/16 Government Resolution appears to be the revision of pay scales of teachers and other measures for maintenance of standard in higher education. The object behind granting the said incentive is to motivate the person concerned for higher study which would be beneficial to the institution and also to the person concerned, so that once the candidate comes back and joins the institute, the students would be benefited by the knowledge and expertise acquired by a person. On perusal of clause (11) it states that four and two advance increments would be admissible to those who hold Ph.D. and M.Phil. degrees at the time of recruitment as Lecturers. The implied intention is that if a person who selected as a Lecturer has expertise in the concerned subject, it would be helpful to the students and the concerned candidate would be motivated by such incentive. The students would be benefited by the knowledge acquired by the said Lecturer if said Lecturer had such degree at the time of entering in the service. The condition imposed in clause (11) is that if any candidate after entering into service completes Ph.D. within two years he/she ::: Uploaded on - 18/07/2022 ::: Downloaded on - 19/07/2022 23:20:23 ::: J-wp2940.10.odt 14/16 would get one increment. Thus a candidate would be eligible for two advance increments as and when he or she acquires Ph.D. degree in her/his service career. Here service career means the area of subject in which he/she obtains degree and pursuing their career in the same subject. The intention behind said incentives is that the candidate should obtain higher education which would be beneficial to the students to gain the knowledge from such expert Lecturer.
13. Though it was not mentioned in clause (11) that the candidate should be Ph.D./M.Phil. in the same subject at the time of selection for which he was recruited but implied intention/expectation is that he/she should achieve expertise in the same subject which would not only benefit the students but also the institution. Clause (11) of the Resolution states that a teacher would be eligible for two advance increments as and when she/he acquires a Ph.D. degree in her/his service career. Here the word her/his service career is material. Needless to say he/she has to achieve the qualification Ph.D. in same subject relevant to his/her service career. Admittedly, ::: Uploaded on - 18/07/2022 ::: Downloaded on - 19/07/2022 23:20:23 ::: J-wp2940.10.odt 15/16 present petitioner is selected as a Lecturer to teach Micro Biology. He had completed his master graduation in Science and was teaching Micro Biology, whereas he had completed his Ph.D. degree in Economics. Both subjects Micro Biology and Economics are two different branches of education, obtaining the degree of Ph.D. in Economics is only an achievement for petitioner. Definitely it is not beneficial either to institution or the students to whom petitioner is teaching. The petitioner's service career is in Micro Biology. Said Ph.D. in Economics has nothing to do with the Micro Biology hence, petitioner had not acquired the same in his service career. The object behind declaring the said pay scale of teachers and other measures by Government is for improving the standards in higher education. Said incentive is declared by the Government to motivate the candidates to achieve the expertise in the same subject for which they are recruited. As petitioner's Ph.D. subject and the subject which petitioner is dealing with in his service are not connected with each other, he is not entitled for the said benefits. ::: Uploaded on - 18/07/2022 ::: Downloaded on - 19/07/2022 23:20:23 ::: J-wp2940.10.odt 16/16
14. As the intention to give benefit to those who secure Ph.D. in his or her service career is apparent, petitioner had procured Ph.D. in a different subject and therefore he is not entitled for the said increments. Thus, the petition is devoid of merit and liable to be dismissed. Therefore, we proceed to pass following order :
ORDER
(i) Writ petition is dismissed with no order as to costs.
(Urmila Joshi-Phalke, J.) (A.S.Chandurkar, J.) okMksns ::: Uploaded on - 18/07/2022 ::: Downloaded on - 19/07/2022 23:20:23 :::