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Bombay High Court

ZEAL EDUCATION SOCIETYversusRAVINDRA MOHANRAO GADGE, AND ANR

Decided
Disposal
Dismissed

Holding

The Court set aside the impugned order and remanded the case, directing the Grievance Committee to decide, as a matter of law, whether the deceased respondent was entitled to the Associate Professor pay scale after three years as Assistant Professor, irrespective of Ph.D. completion.

Summary

The petition concerned the entitlement of a deceased Assistant Professor, who completed his Ph.D. in 2016, to the pay scale of an Associate Professor after three years of service, as per the AICTE norms and a 2010 notification. The petitioner argued that the designation should be upgraded with the corresponding pay scale even before the Ph.D. was completed, while the respondent contended that the pay scale upgrade is contingent upon Ph.D. completion. The High Court found the impugned order lacking any reasoning and ordered a remand, directing the Grievance Committee to specifically determine the legal right to the Associate Professor pay scale after three years of service, irrespective of Ph.D. status. The Court emphasized the need for factual findings on dates of appointment, promotion, Ph.D. completion, and pay scale applicability. It set aside the earlier order, mandated the Committee to hear the matter by February 5 2026, and disposed of the petition.

Issues considered

  • Whether an Assistant Professor is entitled to the Associate Professor pay scale upon completion of three years of service, independent of Ph.D. completion.
  • Whether a designation upgrade without corresponding pay scale change is permissible under the 2010 notification and AICTE norms.
  • Whether the Grievance Committee must consider specific factual dates to determine entitlement to pay scale and increments.
  • Whether the impugned order should be set aside and the matter remanded for detailed consideration.

Subjects

  • Assistant Professor
  • Associate Professor
  • pay scale
  • Ph.D. requirement
  • AICTE norms
  • remand
  • designation upgrade
  • grievance committee
  • higher education employment law

Judgment

                                                                   904.WP.11664.2024.doc



                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                             CIVIL APPELLATE JURISDICTION

                                             WRIT PETITION NO.11664 OF 2024

                       Zeal Education Society                               ….Petitioner
                                 Versus
                       Ravindra Mohanrao Gadge & Anr.                       ....Respondents



                            Mr. Sugandh Deshmukh a/w. Aniket Kanawade, Bhushan G.
                            Deshmukh, Vaibhav Thorave, Aryan M. Deshmukh, Irvin
                            D’Souza, & Karishma Shinde, for Petitioner.

                            Mr. Rajendra Anbhule, for Respondent No.2.


                                              CORAM: SOMASEKHAR SUNDARESAN, J.

                                              DATE   : JANUARY 23, 2026




                       ORAL JUDGEMENT :

                       1.        Rule.    Rule is made returnable forthwith. By consent of the

                       parties, the matter is heard finally.

                       2.        The matter had been heard on an earlier occasion with a view to

                       crystallise the specific issues involved.

                       3.        The core question that falls for consideration is whether an

                       Assistant Professor, who is entitled to complete his Ph.D. within a

                       period of seven years in terms of the norms applicable under the AICTE
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Notification dated November 28, 2005, is also entitled to be placed in

the pay scale of Associate Professor on completion of three years after

appointment as an Assistant Professor.

4.        The original designations stood redesignated to Assistant

Professor, Associate Professor and Professor by a Notification dated

March 5, 2010. The General Conditions in the said notification, are

noteworthy:

           (i)     There shall be only three designations in respect of teachers in universities
           and colleges, namely, Assistant Professors, Associate Professors and Professors.
           However, there shall be no change in the present designation in respect of Library
           Personnel at various levels.

           (ii)    No one shall be eligible to be appointed, promoted or designated as
           Professor, unless he or she possesses a Ph.D. and satisfies other academic
           conditions, as laid down by the AICTE from time to time. This shall, however, not
           affect those who are already designated as 'Professor'.

           (iii)   The pay of teachers and equivalent positions in Technical institutions shall
           be fixed according to their designations in two pay bands of Rs. 15600-39100 and
           Rs. 37400-67000 with appropriate "Academic Grade Pay" (AGP in short). Each
           Pay Band shall have different stages of Academic Grade Pay which shall ensure
           that teachers and other equivalent cadres covered under this Scheme, subject to
           other conditions of eligibility being satisfied have multiple opportunities for
           upward movement during their career.

           (ix)    Incumbent Assistant Professor and Incumbent Lecturers (Selection Grade)
           who have completed 3 years in the pre-revised pay scale of Rs. 12,000-18,300 on
           01.01.2006 shall be placed in Pay Band of Rs. 37400-67000 with AGP Pay of Rs.
           9000 and shall be re-designated as Associate Professor.

                                                                          [Emphasis Supplied]

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5.        On a plain reading of the Impugned Order, it is apparent that the

parties are left without any insight into what weighed with the Learned

Grievance Committee. In a nutshell, all that is stated in the Impugned

Order is that the terms and conditions applicable to an educational

institution would apply to the educational institution. It contains no

reasoning of any nature whatsoever on the contentions that were

presented to it.

6.        Therefore, this is a fit case for a remand, but I do not think the

parties should run the risk of another unsatisfactory outcome on

remand without the scope of consideration being spelt out.

7.        It is made clear that based on the Notification dated March 5,

2010, the Grievance Committee must answer is whether as a matter of

law, Respondent No.1 (who has now passed away) was entitled to the

pay scale of Assistant Professor upon completion of three years, must be

squarely dealt with.

8.        Learned Advocate for Respondent No.1 fairly states that he has

not even claimed any increment because the same would have become

due only when he indeed completed his Ph.D, which he did in 2016. At

that stage, he was placed in the post of Professor directly. The dispute

relates to his entitlement to the pay scale that ought to be applicable to

upon completion of three years in the role as Assistant Professor.

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Learned Advocate for the Petitioner contends that on completion of

three years the upgraded designation would be given, with no upgrade

in pay scale unless Ph.D. is completed.

9.        Needless to say, when the law permits seven years to complete the

Ph.D. and also entails an Assistant Professor being placed in the pay

scale of Associate Professor, prima facie it would follow that

upgradation is not merely in name with no change in the payscale.

When seven years are permitted for completion of a Ph.D., it would not

follow that one would wait for seven years to be transferred to the post

of Associate Professor with pay scale too being deferred, or that with an

upgraded designation with no change in pay scale.

10.       These are issues that ought to have been squarely dealt with by

the Grievance Committee, particularly when the Petitioner has relied

upon a decision of the Supreme Court in Secretary, All India Shri Shivaji

Memorial Society (Assims) and Ors.1, which deals with other similarly

placed individuals. A plain reading of the said judgement would also

show that one of the employees involved in that case, one, Dr. Madhavi

Ajay Pradhan had indeed acquired a Ph.D. subsequently and the Court

had directed that benefits ought to have been released. The Court also




1 Secretary, All India Shri Shivaji Memorial Society (Assims) and Ors. v. State of Maharashtra 2025
SCC OnLine SC 689

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indicated that anyone completing Ph.D. would be entitled to claim

benefits in accordance with law.

11.       Essential fact-finding requirements have to be met and applied,

such as the date of completion of Ph.D., and the applicable pay scale.

The grievance was meant to be deal with by the Grievance Committee.

Considering the non-application of mind in the Impugned Order to

answering the specific issue, the Respondent No. 1 who is the

beneficiary of the Impugned Order, is also left without reaons in the

Impugned Order to defend it well.

12.       Therefore, it is made clear that the Grievance Committee shall

address itself to the specific facts of the case, including the date of

appointment; the date of placement in the next category; the date on

which the next pay scale should be made applicable; the date of

completion of Ph.D; the date from which the upgraded payscale would

apply and the date from which increments would apply; and a clear

finding as to whether the upgradation would be only in designation with

pay scale having to await for the completion of Ph.D.

13.       It is also made clear that since Respondent No.1 has expired, and

it is his spouse who is pursuing the claim to monetary benefits, the

parties shall be permitted to be represented by advocates so that the

issues can be explained to the Committee.

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14.       With the aforesaid directions, the Impugned Order is set aside by

way of remand, making it clear that the aforesaid issues in this

judgment would be squarely addressed by the Grievance Committee and

duly dealt with. It is also made clear that only the aforesaid issues shall

fall for consideration, and no other issues which have already been

covered in the past would be permitted to be reopened.

15.       Since the issues have already been crystallised, the Grievance

Committee is requested to convene a meeting no later than February 5,

2026 at 12.00 noon. On that day, appropriate instructions shall be

given to the parties to place their specific submissions, so that the

matter can be concluded within a timeframe of three months from

February 5, 2026.

16.       With the aforesaid directions, the Petition is finally disposed of.

17.       Rule is made absolute in the aforesaid terms.

18.       All actions required to be taken pursuant to this order shall be

taken upon receipt of a downloaded copy as available on this Court’s

website.



                                     [ SOMASEKHAR SUNDARESAN, J.]




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