Senior Law Officer of Pune University – Continuity of Past Service & Pay Protection
Judgment dated 21.9.2026 of the High Court of Bombay in Writ Petition No.9514 of 2022 of Dr.Parveen Parvez Sayyed Vs State of Maharashtra and others
The petitioner was appointed as Law Officer initially vide order dated 27th May, 1997 and and Senior Law Officer from 1st August, 2010, till this date in SP University, Pune. She was confirmed in the said post vide order She has completed nearly 29 years of service.
The order dated 27.5.1997 specifically provided that the petitioner’s service would be governed by the Standard Code regulations framed by the State Government.
It was stated that the petitioner was overage at the time of appointment of Senior Law Officer and therefore, the proposal for past service and protection of earlier pay for fixation of pay in higher post could not be considered.
It was stated that the earlier post of Law Officer was funded by the University and not by the State Government and therefore, such past service cannot be considered for pay protection and increment benefits in higher post.
By the impugned letters dated 23.6.2021 and 8.6.2022, the respondent no.1 had withdrawn the benefits of continuity in service in the earlier post of Law Officer of the petitioner in SP Pune University.
the entire functioning of the University even in regard to the utilization of its funds is completely within the control of the State Government and it is only for administrative reasons and considering the grants as may be received from the State Government, the salary fund is required to be separately maintained. However, the fact remains that all such grants have a common legal character and utility, mainly to be utilized purely and purely for the purpose of administration of the University and for grant of salaries to the officers on different posts which are created. The appointment on these posts is required to be made by the University, considering the exigencies of the work and the requirements of the University, which is entirely within the domain of the University.
