STATE OF MAHARASHTRA Vs. VIJAY VASANTRAO DESHPANDE

JUDGEMENT

(1.) The State of Maharashtra is challenging in this appeal the order passed by the Maharashtra Administrative Tribunal in O.A. No. 125/93.

(2.) The respondent was appointed as a Lecturer in Statistics and Demography in SRTC Medical College, Ambejogai on 14-11-1979. He was appointed initially for a period of four months purely on ad hoc basis and till a regularly selected candidate was available. However, the appointment continued from year to year without any break for eight years. Meanwhile, he also obtained Ph.D. in Statistics. On completion of eight years of service, the respondent made respresentations to the concerned authorities for regularising his services and to grant him the benefit of higher pay-scale under University Grants Commission's Scheme for merit promotion of Teachers working under post partum programme. As his representations were not accepted, he approached the Tribunal and sought the following two reliefs:

(3.) In support of his claim for regularisation, the respondent had relied upon the G.O. dated 19-9-1975 issued by the State of Maharashtra. The Tribunal held that the said Government resolution was not applicable to the respondent as it applied only to those employees who were appointed on temporary basis and were not made permanent because of non-availability of permanent posts. The Tribunal, however, relying upon the Government letter dated 5-3-1985 held that the respondent was entitled to the benefit of the University Grants Commission's Scheme for merit promotion of teachers working under post partum programme from the date he completed eight years of continuous service. With respect to prayer for regularisation, the tribunal directed the Government to consider his case. This order's correctness is challenged by the State of Maharashtra, Director of Medical Education and Dean of CRT Medical College.