B S DAHIYA Vs. GOVERNING BODY SHIVAJI COLLEGE

JUDGEMENT

(1.) This letters parent appeal is directed against the following Orders of the learned Single Judge :

(2.) The facts giving rise to the appeal are as follows : On 17th October, 1977, the appellant, who is a M-Phil in Geography, Joined as Lecturer in Geography in the Shivaji College in the grade of Rs.2200-4000. About one year before his appointment, the sixth Respondent, now a Ph.D. in Geography, was appointed as Lecturer in the Bhagat Singh College in the name discipline. While the sixth respondent was working in the Bhagat Singh College he was promoted to the Grade of Rs.3,700/- to Rs.5,700/- On 13th June, 1989, pursuant to an advertisement dated 11th June, 1989, the sixth respondent applied for the post of Lecturer in the Shivaji College with the condition that his basic pay and the annual increment be protected. On 7th September, 1989, the sixth respondent joined as Lecturer in the Shivaji College in the pray scale of Rs.2200-4000/- on receiving the offer of appointment dated 4th September, 1989 from the Principal of the College which offer was subject to the approval of the Governing Body of the College. Since the sixth respondent in his application had asked for pay protection, the Governing Body on 25th September, 1989 acceded to his request and fixed his basic pay as Rs.4,000/-. It may be mentioned that while considering the request, the Governing Body noted that the sixth respondent in the Bhagat Singh College was drawing basic pay of Rs.4,075/- in the scale of Rs.3700-5700/-

(3.) The appellant feeling aggrieved by the stepping up of the pay of the sixth respondent made a representation on 9th October, 1989 to the Governing Body of the Shivaji College. Thereafter, he sent reminders on 22nd December, 1989 and 23rd July, 1990 to the Governing Body. Since no favourable response was received by the appellant, he filed a writ petition on 3rd December, 1990, claiming inter-alia the following reliefs;