NARENDRA MANOHARRAO AMBADKAR Vs. SUNIL GANGADHAR DESHPANDE

JUDGEMENT

(1.) Five petitioners before us have challenged the judgment delivered by Maharashtra Administrative Tribunal in Original Application No. 719 of 1997 on 15.1.1999 rejecting their prayer for direction to respondents to extend to them the pay0scale of Rs. 3700 5700 by treating them as Head of the Department. It is not in dispute that all five petitioners have been duly selected and appointed as Workshop Superintendent in Government Polytechnic College under respondents no. 1 and 2 prior to 20 th September 1989.

(2.) Mr Dangre while advancing the cause of petitioner has contended that only defence before the Tribunal raised by respondents no. 1 and 2 was that post of Workshop Superintendent is not a teaching post. He points out that norms issued by respondent no. 3 All India Council for Technical Education constituted under the All India Council for Technical Education Act, 1987 (hereinafter referred to as the "1987 Act") were not in dispute and its binding effect was shown by respondent no. 3 even before the Tribunal. He has invited attention to those norms as in the year 1990 to urge that by its perusal, there is no scope for doubt that post of Workshop Superintendent has been treated as equivalent to the post of Head of the Department or then of Senior Lecturer (Selection grade) and pay scale for them is Rs. 3700 5700. He has also pointed out the relevant clauses to substantiate his contention and to show that Workshop Superintendent has been placed in the cadre of Head of the Department. Job description of a Lecturer and of Workshop Superintendent is also read out for this purpose. Contention is that this material on record has not been looked into by respondent no. 5 Tribunal.

(3.) Without prejudice to this contention and in the alternative, learned counsel has, presuming that Workshop Superintendent cannot be treated as a teaching post, invited attention to the communication dated 20 th September 1989 issued by AICTE to urge that there recommendation on the point of revision of pay scale appears and for Head of the Department the pay scale of Rs. 3700 5700 has been proposed. Learned counsel states tat recommendations with AICTE are applicable even to petitioners. The decision of State Government dated 26 th May 1992 issued in the light of this communication is also relied upon and it is pointed out that those revised scales have come into force from 1 st January 1986. Attention is invited to later resolution dated 22 nd November 1993 which modifies this resolution and exempts them from acquiring revised educational qualification. The judgment of Honourable Apex Court in State of Bihar and ors v. Bihar State Workshop Supdt Federation and ors, 1993 Supp2 SCC 368 is pressed into service to show that there the post of Workshop Superintendent is already held to be a teaching post by Honourable Apex Court. Thus, in the light of this judgment and above mentioned decision/resolution, contention is that petitioners are entitled to pay scale of Rs. 3700 5700.