Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

ORDER
This is a petition filed by the four petitioners challenging an order of appointment of respondent
No.3 as Reader in Government Engineering College, Jabalpur, dated 18.6.1981 and also his selection
by the Public Service Commission on the basis of which this order of appointment was issued.
2. According to the petitioners:
Madhya Pradesh PSC
(1) the petitioners 1 to 3 are holding Master’s degree in Engineering (M.E.) in
Telecommunication and are working as Lecturers since last more than 5 years. Petitioner No.4 holds
B.E. degree in Telecommunication and has been serving as a Lecturer in Telecommunication since last
about 14 years. The petitioner No.4 had also completed his M.E. in Telecommunication and had to
submit his thesis in August 1981. Thus, all the petitioners are eligible for promotion – appointment as
Readers in Telecommunication in Engineering College.
(2) The post of Reader in Telecommunication in Engineering College carried a pay scale of
Rs.720-1250. The minimum requirement for this pay scale and post was a post-graduate degree in
Engineering with 3 years teaching experience of which one year should be in Engineering College or,
in the alternative, a B.E. (Second Class) with at least 5 years experience of which one year should be
in an Engineering College. The pay scale and education qualifications of technical teaching course are
fixed on the basis of recommendations of All India Council of Technical Education. The revision of
pay scales of teaching post including the post of Reader in Telecommunication was under consideration
of the said Council and it is alleged that the Council recommended a new pay scale for all teaching
posts and requested the Government to enforce the same pay scales retrospectively from 1.4.1976.
The Council recommended the pay scale of Rs.1200-1900 for Readers in Telecommunication and
prescribed First Class Master’s degree in appropriate field with minimum of 5 years experience in
teaching/research in institutions of University standard. The respondent State accepted the scales and
prescribed the same with effect from 1.4.1976 by its notification dated 6.6.1980, Annexure-A. Clause
3 of this notification provided the prescribed qualifications and further stated that all selections on
these posts in future will be in accordance with this notification. According to the petitioners, the effect
of this notification was to abolish the old scales and replace them by the new pay scale. All the
incumbents who did not have the requisite qualifications were also given the new pay scale with the
condition that they should acquire the newly prescribed qualifications within a period of 5 years failing
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