NAGPUR: In a big relief to hundreds of teachers, the Nagpur bench of Bombay high court has directed the state government to grant four advance increments as per UGC norms to PhD holders who joined senior colleges after working in high school and junior colleges.
The joint director of higher and technical education, Nagpur, had refused to treat such teachers on par with those who started their career directly at senior college level. The teachers were denied the benefit on the basis of government resolutions issued over the years which reserved four increments only for PhD holders at the time of their appointment as lecturer.
The confusion over interpretation of rules had led to disparity across the state. Amravati and Pune divisions too had stopped advance increments to such lecturers.
Maharashtra Progressive Teachers’ Association, led by
Sindhu Mahavidylaya vice-principal Pravin Joshi, had moved the court through counsels Devdatta Deshpande and Anand Parchure. Maharashtra government, through its secretary of higher and technical education, and joint director of higher education, Nagpur division, were made respondents in the case. AGP Tajwar Khan was counsel for the respondents.
The petitioners were working in high schools and were selected and recruited as lecturers on different dates. At that time, they already had PhD and claimed four increments as per Clause 11 of the GR dated December 11, 1999 issued by state higher and technical education department.
The government submitted that as per Clause 10 of the GR dated 1989, it encouraged research in continuation of PG studies and three advance increments were sanctioned only to those recruits who obtained PhD without any break. Khan also pointed out that the petitioners’ pay was protected through another GR dated March 1, 1999 and that pay protection and advance increments can’t be claimed together.
A division bench of Justice
Bhushan Dharmadhikari and Justice
Arun Upadhye observed that while the GR dated March 1 reveals that the salaries of junior college teachers are protected after their appointment as lecturer in senior college, the GR dated December 11, 1999 was silent on the need to acquire PhD in continuation of PG studies upon recruitment as lecturer.
“The language employed is very clear and those recruited with PhD are entitled to four advance increments,” the bench observed.
The court directed the state government and joint director to release the four advance increments of petitioners within six months. Those who retired during the pendency of the petition shall also be given the benefit of the ruling and are entitled to revised pension with arrears, the court said.
