DR. (MRS.) SADHANA SHASHIKANT WAIKAR Vs. STATE OF MAH. THR. ITS SECTY.
LAWS(BOM)-2017-7-10
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on July 01,2017

Dr. (Mrs.) Sadhana Shashikant Waikar Appellant
VERSUS
State Of Mah. Thr. Its Secty. Respondents

JUDGEMENT

SWAPNA JOSHI,J. - (1.) By this petition, the petitioner is seeking a declaration that she is entitled for senior pay-scale of Rs.3000-5000 with effect from 01.10.1993 and selection grade pay-scale of Rs.3700-5700 with effect from 01.10.2001, along with consequential reliefs.
(2.) Brief facts of the case are that, the petitioner was appointed as Lecturer in Shri Ayurved Mahavidyalaya, Hanumannagar, Nagpur, on 01.10.1985 vide letter dated 30.09.1985, in the subject of Kayachikitsa, in the pay-scale of Rs. 700-1600. The petitioner was granted approval with effect from 01.10.1985 itself, by the Deputy Registrar, (Acad.), Nagpur University, Nagpur. According to the petitioner, after putting in 8- years service, she should have been placed in the senior-scale of Rs. 3000-5000 as per the provisions of the Government Resolution (G.R) dated 27.02.1989. The said placement in the senior-scale should have been granted to the petitioner with effect from 01.10.1993 and the selection grade from 01.10.2001. However the same is not granted on the particular dates.
(3.) According to the petitioner, she acquired BAMS degree from Nagpur University in the year 1978 and passed MD(Ayurved) in the year 1984. Furthermore, she is recognised as post-graduate teacher in the subject of Kayachikitsa. It is the case of the petitioner that she has experience of under-graduate Teachers Reorientation course, sponsored by the Ministry of Health and Family Welfare, Government of India, in the subject of Panchkarma (part of Kayachikitsa), conducted from 01.07.1997 to 31.08.1997. The petitioner also claims that she attended the Reorientation course from 02.11.1998 to 31.12.1998. The petitioner had also been awarded certificate of registration by Maharashtra Board of Ayurvedic and Unani Systems of Medicine, Bombay, on 29.09.1980. The petitioner also claims that she has worked as post-graduate Guide in Nagpur University in the year 1991 and has to her credit several publications on various topics. According to the petitioner, inspite of various representations made by her, the respondents have failed to take action and denied her legitimate benefits of granting senior scale from 01.10.1993 and selection grade from 01.10.2001. According to petitioner, she had already acquired the required qualifications and experience and has published various works which are mentioned in the petition inasmuch as she is fully qualified and eligible to get the senior grade after serving 8-years and the selection grade with effect from 01.10.2001. In these circumstances, the petitioner has filed the present petition.;


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