Karnataka High Court
Ms Sowmya H. R vs The Mandya Institute Of Medical on 16 December, 2022
Author: S.G. Pandit
Bench: S.G. Pandit
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF DECEMBER, 2022
BEFORE
THE HON' BLE MR. JUSTICE S.G. PANDIT
PETITION No.47291/2016 (S-RES)
BETWEEN:
MS. SOWMYA H.R.
D/O RAJALINGAIAH
AGED ABOUT 35 YEARS
WORKING AS CLINICAL PSYCHOLOGIST
DEPARTMENT OF PSYCHIATRY
MANDYA INSTITUTE OF
MEDICAL SCIENCES
MANDYA-571 401.
...PETITIONER
(BY SRI SATISH K, ADV.)
AND:
1. THE MANDYA INSTITUTE OF
MEDICAL SCIENCES
REP. BY ITS CHIEF ADMINISTRATIVE OFFICER
BANGALORE-MYSORE ROAD
MANDYA-571 401.
2. THE GOVERNING COUNCIL
REP. BY ITS CHAIRMAN
MANDYA INSTITUTE OF MEDICAL SCIENCES
BANGALORE MYSORE ROAD
MANDYA-571 401.
3. THE DIRECTOR
MANDYA INSTITUTE OF MEDICAL SCIENCES
BANGALORE MYSORE ROAD
MANDYA-571 401.
...RESPONDENTS
(BY SMT. SUMANA BALIGA, ADV. FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR
2
RECORDS FROM THE RESPONDENT AND DIRECT
RESPONDENTS TO EXTEND AND GRANT THE PAY-SCALE
ATTACHED TO THE POST OF ASST. PROFESSOR IN THE PAY
BAND RS. 15600-39100 WITH ACADEMIC GRADE PAY OF
RS.8000 AND ALSO GRANT ALL ARREARS OF PAY ALONG WITH
12% INTEREST.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THROUGH VIDEO CONFERENCE THIS
DAY, THE COURT MADE THE FOLLOWING:-
ORDER
The petitioner, working as Clinical Psychologist in the Department of Psychiatry in 3rd respondent-Mandya Institute of Medical Sciences (for short 'the Institute') is before this Court under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to extend and grant the pay scale attached to the post of Assistant Professor in the pay band of Rs.15,600-39,100/- with academic grade pay of Rs.8,000/- and also grant all arrears of pay along with 12% interest.
2. Heard Sri K. Satish, learned counsel for the petitioner and Smt Sumana Baliga, learned counsel for respondents 1 to 3. Perused the writ petition papers. 3
3. Sri K. Satish, learned counsel for the petitioner would submit that petitioner was appointed as Clinical Psychologist in the Department of Psychology by the respondents and the petitioner possesses the qualification of Master of Science in Psychology, Post Graduate Diploma in Guidance and Counselling. Petitioner is said to have been confirmed in the said post in the pay scale of Rs.6,000/- - Rs.11,200/- by order dated 25.10.2006. The petitioner acquired Master of Philosophy in Psychology from Annamalai University. Petitioner is said to have passed the State Eligibility Test for Lectureship (for short 'the SLET'). Thereafter petitioner represented to the respondent-Institute on 07.07.2014 to extend UGC/AICTE pay scale attached to the post of Assistant Professor, taking into account M.Phil degree and passing of SLET. The petitioner's representations at Annexure-N series are pending consideration before the respondent-Institute. As the respondents have failed to consider the request of the 4 petitioner, the petitioner is before this Court in this writ petition.
4. Per contra, Smt. Sumana Baliga, learned counsel submits that petitioner would not be entitled for the pay scale of Assistant Professor and would not be entitled to AICTE pay scale, since the petitioner is a non-teaching staff. Learned counsel would submit that clarification issued by the AICTE in its letter dated 05.08.2009 has made it clear that the Medico Social Workers are not teaching staff. Therefore, it is submitted that petitioner would not be entitled for the relief as prayed for in the writ petition.
5. The petitioner was appointed as Clinical Psychologist in the Department of Psychology in the 3rd respondent-Institute. The petitioner possesses qualification of Master of Science in Psychology and Post Graduate Diploma in Guidance and Counselling along with M.Phil. The petitioner has also passed the SLET, which is evident from Annexure-E certificate. 5 Petitioner submitted representations at Annexures-N, N1 and N2 series dated 07.07.2014, 29.06.2016 and 11.07.2016 to the 3rd respondent-Director. The said representations are pending consideration before the respondent-Institute. Whether the Clinical Psychologists are teaching staff and if they are Teaching Staff, whether they would be entitled for the pay scale of teaching staff, would have to be decided by the State Government. This Court in W.P.No.10473/2020 directed the State Government to take a decision as to whether petitioners therein are teaching faculty or not. In the above stated writ petition, the Medico Social Workers of Hassan Institute of Medical Sciences, Hassan, were before this Court praying for sanction of AICTE pay scale.
6. In the facts and circumstances of the case, it would be appropriate for the petitioner to submit fresh representation to the State Government as well as to the respondent-Institute with material to establish that petitioner is a teaching faculty. If such representation 6 is submitted, I am sure, the State Government as well as the respondents would take appropriate decision in the matter expeditiously.
With the above the writ petition stands disposed of.
Sd/-
JUDGE NG* CT:bms