LAWS(SC)-2006-11-91

STATE OF MAHARASHTRA Vs. SHASHIKANT S PUJARI

Decided On November 24, 2006
STATE OF MAHARASHTRA Appellant
V/S
SHASHIKANT S.PUJARI Respondents

JUDGEMENT

(1.) Shahaji Law College, Kolhapur, is affiliated to Shivaji University, Kolhapur. The institution is under the control of the Government of Maharashtra. It started five year law course in the year 1983-84. The department of Political Science is said to be one-man department.

(2.) Shashikant S. Pujari (Respondent No.1) was appointed as a part time lecturer. Allegedly, a teacher would be considered to be a full timer, if he has a workload of 12 teaching periods per week subject to his making good the shortfall by taking additional lectures. Respondent was appointed on 'Clock Hour Basis' (CHB). He was selected through Local Selection Committee of the College.

(3.) Following chart would show the nature of post, period of working and process of selection. So far as the Respondent is concerned : "Nature of Post Period of Working Selection through Local Selection Committee of College & whether approved by University Clock Hour basis (CHB) 1.8.1983 to 30.4.1984 Selection by LSC of College- University granted approval 1.5.1984 to 30.6.1984 61 days break in service Break not condoned by University Full Timer (though workload of Part Timer only) 1.7.1984 to 15.4.1985 Selection by LSC of College and approval by University. 16.4.1985 to 15.7.1985 91 days break in service Not condoned by University Full Timer (though workload of Part Timer only) 16.7.1985 to 30.10.1985 Selection by LSC of College and approval by University 1.11.1985 to 30.8.1986 295 days break in service Not condoned by University. Part Timer 1.9.1986 to 15.4.1987 Selection by LSC of College but no approval from University. 16.4.1987 to 30.6.1987 76 days break in service Not condoned by University Part Timer 1.7.1987 to 30.6.1992 Selection by LSC of College but no approval from University. 1.7.1992 to 31.10.1992 115 days break in service. Not condoned by University. Part Timer 1.11.1992 to 31.1.1993 Selection by LSC of College but no approval from University. 1.2.1993 to 19.6.1995 2 years and 139 days break in service. During this period one Mr R.A. Patil was appointed by University Selection Committee on Clock Hour Basis. Not condoned by University. Part Timer 20.6.1995 to till date Selection by LSC of College but no approval from University."