CHHOTABHAI D PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners nos. 1 to 4 herein claim to be the Professors in various subjects in Sahu S.P.Jain Arts and Commerce College, Dhrangadhra, the petitioners Nos.5 to 9 claim to be Professors working in Shree Somnath College Veraval and petitioners Nos.10 and 11 claim to be Professors in Arts and Commerce College, Jamjodhpur and P.D.Malaviya Graduate Teachers' College, Rajkot respectively. A chart Annexure-A has been enclosed with the petition to give details about the dates of their appointments as Lecturers, Professors and dates of recognition/renewal as P.G.Teacher and the names of the colleges in which they are working.

(2.) Regarding the petitioner No.1, it has been stated that, he was appointed as Lecturer in Statistics at Sahu S.P.Jain Arts and Commerce College, by order dated 7.5.1967 with effect from 15.6.1967 and by order dated 25.6.1972 he was promoted as Professor with effect from 14.6.1972 subject to the approval of the Saurashtra University and the Saurashtra University by its letter dated 26.9.1972 approved his appointment as Professor with effect from 14.6.1972. The petitioner No.1 was then confirmed as Professor and has been discharging his duties as such since his appointment as Professor. It is claimed that the petitioner No.1 is also recognised as a Post Graduate Teacher by the respondent - Saurashtra University on 30.11.1979 and his recognition as P.G.Teacher was renewed and that he has been working as P.G.Teacher in pursuance of the recognition granted by the Saurashtra University. It is stated that, similarly other petitioners have been appointed as per the details in Annexure-A and they have been working as Professors and some of them have been working as Head of Departments continuously since the date of their appointment as Professors. That they have also been recognised by the University as P.G.Teachers and have been discharging duties as such in the various colleges affiliated to the Saurashtra University. It has been stated that, under section 2(13) teachers means Professors, Readers, Lecturers, and such other persons imparting instruction in the University, an affiliated college or a recognised institution or an approved institution as may be declared to be teachers by the Statutes.

(3.) All the petitioners, thus claiming to be Professors and recognised P.G.Teachers have claimed that they are to be paid at par with the corresponding post holders in the University Departments. Reference has been made to the Government Resolution dated 14.9.1988 which provides revision of pay scale of teachers, librarians and physical education personnel in Universities and colleges and other measures for maintenance of standards in higher education. As per this resolution, pay-scale for Lecturer, Reader/Lecturer (Selection Grade) and Professor are as under.: