A. S. Oka, J. - (1.) This group of Writ Petitions can be conveniently disposed of by a common judgment as the issues involved in these Petitions are the same.
(2.) For the sake of convenience, initially we are referring to the facts of the case in Writ Petition no. 1472 of 1990 as the main submissions have been made in this Petition. In this Petition under Article 226 of the constitution of India, the substantive prayer is for declaration that the experience of the lecturers as tutors/demonstartors should be counted for determining placement of lecturers in the senior scale/selection grade/ readers post for the purposes of Government resolution dated 27th February, 1989. A prayer is also made for a writ of mandamus directing the first, second and third Respondent to declare that previous service as tutor/ demonstrator should be counted for determining the placement of the lecturer in the senior scale/ selection grade/ readers post while implementing the Government resolution dated 27th February, 1989.
(3.) The Petitioners in this Petition are lecturers employed in various colleges in Mumbai which are affiliated to the fourth Respondent-the University of mumbai. The Petitioners have been earlier working as demonstrators before they were upgraded with effect from 1st July, 1975 as lecturers. The Petitioners were upgraded as lecturers pursuant to the Government of maharashtra Resolution dated 25th October, 1977 which provided, inter alia, for conversion of the posts of demonstrators/ tutors into those of teachers by upgrading them and granting them the University Grant Commission scale of lecturers. The details of the employment of the petitioners have been set out in Exhibit A to the petition. The Petitioners have stated that after a long time there was a major revision of pay scales in the year 1989 in the form of the Government of Maharashtra resolution dated 27th February, 1989. The clauses of the government Resolution dated 27th February, 1989 which are relevant for the purposes of these Petitions are clauses 12 and 13 which read thus: "12.career Advancement : Every Lecturer/ assistant Librarian/ Librarian/ Director/ Instructor of Physical Education/ Assistant Director of physical Education, in the existing scale of rs. 700-1600 will be placed in a senior scale of rs. 3000-5000 if he/she has:- (a) completed eight years of service after regular appointment with relaxation as provided in para 10 above; (b) participated in two refresher courses/summer institutes, each of approximately four weeks duration engaged in other appropriate continuing education programmes of comparable quality as may be specified by the University Grants Commission; (c) consistently satisfactory performance appraisal reports. Explanation: All such incumbents in the existing scale of Rs. 700-1600, who have completed 8 years of service on 1st January, 1986, will be placed through a process of screening, selection as indicated below, in the scale of Rs. 3000-5000. The benefit of service in para 10 will be available for the initial placement also. 13. Every lecturer, Library and Physical education staff in the senior scale will be eligible for promotion to the post of lecturer (Selection grade) Reader/ Deputy Librarian/ Deputy Director of physical Education in the scale of pay of rs. 3700-5700 if he/she has:- (a) completed eight years of service in the senior scale provided that the requirement of eight years will be relaxed if the total service of the lecturer is not less than sixteen years; (b) obtained a Ph. D. degree, or an equivalent published work. (c) made some mark in the areas, of scholarship and research as evidenced by self-assessment reports of referees, quality of publications, contribution to educational renovation, design of new courses and curricula etc. OR. Made significant contribution to the development of Library Services/physical Education in University as evidenced by self-assessment reports referees, professional improvement in the library Services/physical Education activities etc. As the case may be (d) participated in two refresher course/summer institutes, each of approximately four weeks duration of engaged in other appropriate continuing education programmes of comparable quality as may be specified by the University Grants Commission, after placement in the senior scale; and (e) consistently good performance appraisal reports. ";