C J BHATT PROF Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The facts of the case are that the petitioner joined services having qualification of M.A. (Economics) with effect from 16.8.1962 in L.E. Engineering College, Morvi in Gujarat Education Services Class III. The petitioner was thereafter selected by Gujarat Public Service Commission. He was appointed as a lecturer with effect from 4.5.1964 in Humanities subject, which is known as a non technical subject in the Engineering College. The case of the petitioner is that Govt. of India had appointed regional committees in various parts of country in order to examine the working and requirement of additional physical facilities in various Engineering Colleges. Accordingly for Wester Region, a committee was appointed which visited L.E. Engineering College, Morvi on 8.5.1965. Said committee recommended that he education in Engineering discipline depends upon three basic areas, namely, (i) Science, (ii) Engineering and (iii) Humanities and Social Science.

(2.) It was also observed by the committee that since all other disciplines have got Class I post, it is an academic need that these subjects also should have Class I posts in view of the fact that most of these subjects are being taught at Pre Final and Final Year level and they are of developing nature. The committee recommended that there are four teachings posts in non technical section and all are of the same cadre and it would be desirable that there should be at least one post in superior cadre to look after the routine work and for better administrative control. The petitioner then proceeds to mention that in view of the recommendations of the committee the petitioner made a representation dated 8.10.1971 to the Government for consideration of his case. The petitioner did not pursue the matter any further until he made a further representation in the year 1975. In the meantime there was a pay revision in the year 1972. In view of the revision of pay, the Director of Technical Education had declared allocation of the post with effect from 1.4.1966 in non technical subject in the institution under his control. It was pursuant to this that the petitioner made a second round of representation in the year 1975. It is agitated by the petitioner in para 4.5 that,

(3.) In light of these facts what is to be appreciated is that the petition is filed for the following reliefs: