SONAL P CHANDERVAKER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is filed by the petitioner seeking a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, direction or order and to direct the respondents to pay to the petitioner vacation salary and to pay all the arrears of vacation salary to the petitioner.

(2.) The facts giving rise to the present petition are that the petitioner was appointed as Full Time Lecturer in English in M.N. College, Visnagar for the first term of academic year 1984- 85. It is the case of the petitioner that her appointment was approved by the Director of Higher Education vide Office Order dated 22.10.1984. Thereafter, the petitioner came to be relieved at the end of the first term and again appointed as Full Time Lecturer in English by way of local appointment in the same college for the second term which was approved by the Director of Higher Education vide Office Order dated 22.11.1984. As the facts are narrated in para 2.1 of the petition, this was repeated even for the academic year 1985- 86 and for 1986- 87. In the year 1987, the petitioner was given permanent appointment by Dhansura Peoples Cooperative Bank Limited, Mahila Arts and Commerce College, Dhansura. She, therefore, resigned from the post of lecturer held by her as a local appointee with M.N. College, Visnagar and started working as full time lecturer with the said college at Dhansura. Having worked for some time there she resigned from the said post and joined as a Full Time Lecturer in English with C.B. Patel Arts College, Nadiad as a permanent lecturer.

(3.) The controversy raised in the petition is now in a very narrow compass. The respondents have filed an affidavit sworn by one Shri S.B. Dhobi, Joint Director, Office of the Commissioner of Higher Education, Gandhinagar, on 15.9.2000, wherein it is stated that the petitioner is entitled for vacation salary as admissible under the provisions of the Resolution dated 13.11.1967 issued by the Govt. of Gujarat, Education and Labour Department. It is stated in para 4.3 as under :