L.S. HAJARE, S/O. SHAMSUNDARLAL Vs. STATE OF KARNATAKA, PRINCIPAL SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT (HIGHER EDUCATION), BANGALORE, THE COMMISSIONER FOR COLLEGIATE EDUCATION, PALACE ROAD, BANGALORE-1 AND JOINT DIRECTOR FOR COLLEGIATE

JUDGEMENT

(1.) ON 21.2.1979, petitioner was appointed as a Part -time Lecturer in Chemistry at M.S.I. Degree College of Arts and Science, Guibarga and he reported for duty on 27.2.1979. During the year 1979 -1980, the work load in the Department of Chemistry increased from 18 hours to 27 hours. The contention of the petitioner is that since 12 hours was allotted to his senior, who was promoted as Professor, he came to have 15 hours of work load. The 4th respondent college was admitted to grant in aid on 2.4.1980. It is further contended that second respondent has converted the post held by him as Full Time Lecturer by order dated 20.10.1979 and therefore, he should be treated as having become Full Time Lecturer from that date and not from 15.6.1980 as approved. The petitioner has retired from service on 31.3.2007 on attaining the age of superannuation. He made a representation dated 19.2.2002 to the competent authority seeking rectification of the date of appointment as 24.10.1979 instead of 15.6.1980. However, the said representation was rejected by the Commissioner of Collegiate Education by his order at Annexure 'D' dated 11.11.2005. The revision petition filed against the said order was also dismissed as per the order at Annexure 'C dated 10.11.2008. Therefore, the petitioner has filed this writ petition challenging the said order in this writ petition. Sri S.M. Chandrashekar, learned Senior Counsel appearing for the petitioner would contend that having regard to the notification at Annexure 'N' dated 31.12.1977, the appointments/promotions made by the private aided colleges in accordance with the Government Order dated 6.6.1966 as further clarified on 3.8.1977 up to the date of issue of orders prescribing the pattern of staff under Government Order dated 13.1.1971 would be recognised irrespective of the provisions of the Rules of Recruitment and any excess of posts when compared with the staffing pattern will be counted against future vacancies. Appointments/promotions made after 13.1.1971 till 1.10.1977 should conform to the number of posts as per the staffing pattern and to the Rules of Recruitment applicable to posts in Government Colleges. While passing the impugned order, the authorities concerned have not taken note of the aforesaid Government Order. Therefore, the matter requires reconsideration.

(2.) ON the other hand, learned HCGP appearing for the official respondents submits that the petitioner has joined the college on 27.2.1979 as a Chemistry Lecturer pursuant to the appointment order of the 4th respondent college on 21.2.1979. The college was admitted to grant in aid on 2.4.1980. The contention of the petitioner that his appointment should be deemed to have been approved on 24.10.1979 cannot be accepted because the college itself was admitted to grant in aid on 2.4.1980. He has accepted the appointment order and has not made such a claim as long as he was in service. It is only after the retirement, he is making such a claim. The petition is highly belated.