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2025 DAILYLAW 3271 (BOM)

RAJESH NARAYANRAO SINGRU v. STATE OF MAHARASHTRA, THR. SECRETARY, DEPT. OF HIGHER AND TECHNICAL EDUCATION, MUMBAI AND ORS

WP/3281/2025 · 2026-07-27

Shri Sushil M Ghodeswar, Shri Yanshivraj Gopichand Khobragade

body2025

Judgment text

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39.wp3281.2025.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 3281 OF 2025 Dr. Rajesh Narayanrao Singru, Aged about 58 years, Occ. Service, R/o. 1, Winkar Washat, Manewada, Nagpur – 440027 ...Petitioner Versus 1. The State of Maharashtra, Through its Secretary, Department of Higher and Technical Education, Mantralaya, Mumbai – 400032 2. Joint Director of Higher Education, Old Morris College Building, Sitabuldi, Nagpur – 440001 3. Joint Director of Higher Education, Government Vidarbha Institute of Science and Humanities, VMV Road, Amravati, Maharashtra – 444 604. ...Respondents Mr. Ashok P. Raghute, Advocate for petitioner. Mr. S.C. Joshi, AGP for respondent Nos.1 to 3/State. CORAM : Y.G. KHOBRAGADE AND SUSHIL M. GHODESWAR, JJ. DATED : 27.07.2026 JUDGMENT: (Per : Sushil M. Ghodeswar, J) Heard. (2) The matter is heard finally with the consent of the learned counsel for the parties. (3) Heard Mr. Raghute, learned counsel appearing for the petitioner and Mr. Joshi, learned AGP appearing for the respondents/State. PAGE 1 OF 8 2026:BHC-NAG:9836-DB 39.wp3281.2025.odt (4) The petitioner through this petition under Article 226 of the Constitution of India praying for issuance of directions to respondents to fixed the pay of the petitioner in (Academic Level) AL– 14 as per the note to Clause 11 of Government Resolution dated 08.03.2019. The facts in brief are as under : (5) The petitioner claimed to be appointed as ‘Full Time Lecturer’ on 12.10.1989 by the Raje Dharamrao College of Science, Aheri, District – Gadchiroli in Chemistry. His appointment was approved by the RTM Nagpur University vide order dated 23.01.1990. He came to be promoted as ‘Lecturer’ in Senior Grade and accordingly, his salary was fixed from 19.10.1997 in the pay scale of Rs.10,000-15,000. On 19.10.2002, he came to be promoted as ‘Lecturer’ in Selection Grade in the pay scale of Rs.12000-18300. On 01.01.2006, he was promoted as ‘Associate Professor’. On 26.11.2011, the RTM Nagpur University had awarded him Ph.D. in his subject. According to him, since he has acquired the qualification for the post of ‘Principal’ therefore, vide order dated 20.03.2012, he was appointed as ‘Principal’ in Chintamani College of Science, Pombhurna, District – Chandarpur. (6) The said College is affiliated to Gondwana University, PAGE 2 OF 8 39.wp3281.2025.odt Gadchiroli, which accorded approval for the said appointment for the period of five years from the academic session 2012-13. On 21.10.2014, Shriram Shikshan Sanstha, Ramtek, also appointed him as full time regular Principal at Tai Golwalkar Science College, Ramtek, District – Nagpur. (7) The said College affiliated to RTM Nagpur University which accorded approval to said appointment on 12.11.2014 for the period of five years. According to the petitioner, respondent No.2 fixed a pay as per Government Resolution dated 08.03.2019, more particularly Clause 11.0 wherein he came to be placed in the pay matrix AL-14 of Rs.1,44,200- 2,18,200 as on 01.01.2016. Accordingly, on 01.07.2019, his basic pay was Rs.1,96,600/-and the total pay along with increments and other allowances was Rs.2,05,600/-. However, the RTM Nagpur University vide its order dated 14.08.2019, while fixing the pay scale for Government Resolution dated 08.03.2019, his salary was fixed in existing pay level AL-13. He even submits that at the time of his initial appointment as a ‘Principal’ in the year 2014, his pay matrix level was AL-14, however, he was re-appointed, then his pay scale was at lower grade at pay matrix of 13-L. Therefore, according to him, the impugned action of putting him after lower matrix is violative of Clause 11 of Government Resolution dated 08.03.2019, therefore, he approached to this Court seeking appropriate relief. PAGE 3 OF 8 39.wp3281.2025.odt (8) Mr. Raghute, vehemently submitted that Clause 9 of the Government Resolution dated 08.03.2019 deals with revised pay scale for teachers. The note of Clause 11 provides that the existing academic pay scale of a person shall be protected on appointment as Principal provided that the person was drawing salary on Government aided post. (9) The respondent No.2 – Joint Director of Higher Education, Nagpur, did not consider table (ii) of Clause 9, where the revised pay for Professor is given. Vide said table, the Professor is placed on academic level AL-14 which has to be protected by respondent No.2 on 01.07.2020. Hence, the rejection of the pay level of the petitioner from AL-14 to AL-13(A) is violative of the provisions of Clause 9 and note to Clause 11 of the Government Resolution dated 08.03.2019. (10) In support of his submissions, he further placed reliance on the judgment passed by this Court in Writ Petition No.2828/2023 dated 08.08.2024, in the said case, this Court while considering the case of Professor, who was getting the academic level AL-14, wherein his pay AL-14 was not protected in pursuance of Clause 9 and 11(i) of the Government Resolution dated 08.03.2019. This Court by allowing the petition, held that the petitioner is entitled to pay protection of the post of Professor in Academic PAGE 4 OF 8 39.wp3281.2025.odt Level -14. He, therefore, submits that the case is totally covered and therefore, the impugned communication may be quashed and his pay be fixed in the academic level AL-14 as per note to Clause 11 of Government Resolution dated 08.03.2019. (11) According to the learned AGP, the petitioner was appointed as a full time lecturer on 12.10.1990 and on 19.10.1997, he was promoted to Lecturer in Senior Grade. On 01.01.2026, he was promoted to ‘Associate Professor’. As regards his tenure as a Principal is that on 20.03.2012, the petitioner was appointed as Principal as Chintamani College of Science, Pombhurna, District – Chandrapur. On 21.10.2014, he was again appointed as ‘Principal’ at Tai Golwalkar Science College, Ramtek, District – Nagpur. In the year 2019, he was re-appointed at the same College for another five years on 14.08.2019 and on 11.10.2024, he was appointed as ‘Principal’ at Babaji Datey Arts and Commerce College, Yavatmal. (12) Learned AGP for the respondent/State submitted that petitioner’s pay scales are governed by the Government Resolution dated 08.03.2019, which implemented the 7th Pay Commission Recommendations in consonance with UGC Regulations of 2018. (13) He further submitted that Clause 11 of the Government PAGE 5 OF 8 39.wp3281.2025.odt Resolution dated 08.03.2019 create two distinct cadres for the post of Principal i.e. (i) Under Graduate Principal pay is equivalent to an Associate Professor in Academic Level 13-A and (ii) Post Graduate Principal pay is equivalent to the Post of Professor in Academic Level AL-14. In Post Graduate Colleges, the scope of administrative responsibilities is more extensive which includes management of Ph.D., Research Centers and Administration of Seniors Professors at the Academic Level AL-14 etc. The salary of Lecturer serving in aided position is being drawn from the Government Grants. However, if a College is designated as Post Graduate College its Post Graduate departments and associate sanctioned post should be approved and aided by the State. Therefore, the Principal of a College who bears the administrative responsibility of an aided under graduate programme, but an unaided post graduate programme, is also eligible for Pay Level L-13A. The petitioner who is appointed as Principal in the said college, the under graduate establishment is receiving 100% grant, whereas the post graduate department is not aided and Colleges treated as under graduate College under Clause 11.0 (i) of the Government Resolution carrying academic level AL-13. Further, the petitioner is appointed as Principal from the cadre of Associate Professor and not Professor. Under 7th Pay Commission an Associate Professor is placed in Academic Level AL-13A. Petitioner has never held the level of Professor prior to his appointment as Principal in the year 2012-13 and PAGE 6 OF 8 39.wp3281.2025.odt therefore, the petitioner is not entitled for AL-14 pay level. He further submitted that the reliance placed upon by the learned counsel for the petitioner from the judgment delivered by this Court in Writ Petition No.2828/2023, in the case of Dr. Deepak Sheshrao Dhote Vs. State of Maharashtra and Ors., is not applicable for the simple reason that, in that case the petitioner therein was Professor, was appointed as Principal however, the case in hand, the present petitioner is appointed as Associate Professor and not Professor. Hence, he prayed for dismissal of the present petition. (14) After going through the material placed before this Court and hearing of the learned counsel for the parties, we find that as the petitioner was promoted to the post of Associate Professor and therefore, his placement under Academic Level -13A pay matrix is proper. Clause 11 of the Government Resolution dated 08.03.2019 specifically prescribes that the pay of Principals of aided under graduate colleges shall be fixed at Academic Level-13A, whereas the pay of Principals of aided post graduate colleges shall be fixed at Academic Level-14. (15) The petitioner in Writ Petition No.2828/2023 was promoted as Professor and he was already drawing the pay scale on the post of Professor in the Academic Level AL-14. Therefore, his pay scale came to be PAGE 7 OF 8 39.wp3281.2025.odt protected. We find that while issuing impugned communications dated 03.04.2025 and 02.06.2025 issued by the respondent Nos.2 and 3 respectively informing the respective colleges that the fixation of pay band of the petitioner is in accordance with Government Resolution dated 08.03.2019, is therefore, correct and proper. (16) In that view of the matter, we find no merit in the petition. The petition is, therefore, dismissed. [SUSHIL M. GHODESWAR, J.] [ Y.G. KHOBRAGADE, J. ] Prity PAGE 8 OF 8