ORDER :

Leave granted.

2. The challenge in this batch of cases is primarily to the order dated 13th January, 2006 passed by the Bombay High Court. The Civil Appeal Arising out of SLP(C) No. 20503 of 2006 has been taken as the leading case since the facts and the issues of law are common in all these cases.

3. The respondents were working as Demonstrators/Tutors in various Government colleges of Arts/Science/Commerce faculties. Apparently, with a view to upgrading their posts, The Government of Maharashtra passed a resolution on 25th October, 1977 upgrading the post of Demonstrator/Tutor from the beginning of the academic year 1975-76, i.e., from 1st July, 1975. There were certain conditions required to be fulfilled for taking the benefit of the upgradation, viz., that incumbent must possess the qualification for the post of Lecturer and that there would be some period of probation etc. We are not concerned with these conditions. The relevant part of the Resolution dated 25th October, 1977 reads as follows:

"XIII. Conversion of posts of Demonstrators/Tutors:- Non-Government Colleges of Arts/Science/Commerce faculties shall, As Already Directed Earlier - A) Upgrade, with effect from the beginning of the Academic Year 1975-76 (i.e. from 1st July, 1975) the existing posts of demonstrators/tutors held by persons possessing qualifications for the posts of lecturers as prescribed by the University concerned into those of lecturers.

In view of the instructions issued earlier in that behalf, some colleges have already upgraded from 1st July, 1975 the posts of demonstrators/tutors held by persons possessing the qualifications for the posts OF lecturers as prescribed by the University concerned. Such persons holding the upgraded posts of lecturers from 1st July, 1975 and continued as lecturers at the college level beyond 30th June, 1977 should be deemed to have satisfactorily completed their probationary period of two years.

Colleges which have not yet formally upgraded from 1st July, 1975 the posts of demonstrators/tutors held by persons possessing the qualification for the posts of lecturers and fix the pay of the persons concerned in the prescribed pay-scale of lecturers (Rs. 700-1,600) with effect from 1st July, 1975. From 1st July, 1975 onwards they should be allowed to draw their pay in the said scale of lecturer if they have continued at the college level. Merely the fact that they have been so allowed to draw pay in the scale of lecturers (Rs. 700-1,600) from 1st July 1975 to 30th June 1977 shall not, however, upgraded posts of lecturers satisfactorily. Their period of probation of two years should be computed with effect from 1st July 1977.

(b) Sanction with effect from 1st January 1973 the revised scale of pay of demonstrator/tutor i.e. Rs. 500-20-700-25-900 to those not covered by (a) above, but who possessed at the time of their initial appointment as demonstrator/tutor qualifications prescribed by the respective Universities for the posts of demonstrator/tutors.

(c) Continue the existing scale of pay to such demonstrators/tutors who are not covered by (a) and (b) above.

In order to help the process of progressive abolition of the cadre of demonstrators/tutors, no new recruitment to this cadre shall be hereafter."

4. With regard to the actual working of the Resolution dated 25th October, 1977, the Government of Maharashtra passed another resolution on 27th February, 1989, which was for the purposes of the career advancement of such Lecturers. Paragraphs 12 and 13 of this resolution are of some consequence and they make it clear that for the purposes of career advancement every lecturer will be placed in the Senior Scale if he/she has completed eight years of service after regular appointment (with relaxation) and has participated in two refresher courses, etc. For grant of Selection Grade, the Lecturer in a Senior Scale should have completed eight years' of service provided that the eight years' requirement will be relaxed if the total