SARMAN VIRAMBHAI ZALA 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 Political Science in M.N. College, Visnagar by Office Order dated 6.8.1982, with effect from 6.8.1982, which was a local appointment for the first term of the academic year 1982- 83. At the end of the said first term the petitioner was relieved by the order dated 6.11.1982. The petitioner was again appointed as a Full Time Lecturer in Political Science for the second term of the academic year 1982- 83 by Office Order dated 6.12.1983, valid for the second term of the academic year 1982- 83, as a local appointment. Again, the petitioner was relieved as a Full Time Lecturer at the end of the said term. Similar procedure was adopted for the academic year 1983- 84, i.e. appointing and relieving the petitioner by separate orders as a local appointment. The petitioner addressed a letter to the Director of Higher Education on 29.12.1983 requesting him to make payment of vacation salary, but the petitioner got a reply that he is not entitled to the vacation salary.

(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 4.10.2000, 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 4.2 as under :