LOK BHARATI SANOSARA Vs. NARANBHAIB PATEL

JUDGEMENT

(1.) The short facts are that respondent No. 1 - original applicant before the Tribunal was engaged as Librarian by the petitioner of Special Civil Application No. 2015 of 1992. Thereafter, the respondent No. 1 herein preferred Application No. 10/1988 before the Tribunal, praying that he should be paid pay scale of Rs. 550 -900 with effect from 1.4.1974 as prescribed by Saurashtra University for the post of Librarian from time to time. The Tribunal, after hearing both the sides passed the judgement dated 19.3.1991, whereby the Tribunal held that the petitioner in capacity as Librarian of the Institution Lokbharti, Sanosara, Sihor would be entitled to the pay -scale at par with the pay -scale of the employees of the Saurashtra University and, therefore, directed for the payment. Accordingly, it was also observed that the State Government shall fix the pay -scale and sanction the grant, but in the event the grant is not sanctioned, then also the payment shall be made by the Institution. It is under these circumstances, the present petitions before this Court.

(2.) It may be recorded that SCA No. 2015 of 1992 has been preferred by the Institution, who is the employer of the original applicant before the Tribunal and SCA No. 2057 of 1992 has been preferred by the Commissioner of Higher Education on behalf of the State Government.

(3.) We have heard Mr.Baiju Joshi, learned Counsel as well as Mr.Rahul Dave, learned AGP appearing for the respective petitioners. We have also heard Mr.Goswami for Mr.Nanavati, learned Counsel for respondent No. 1 -original applicant before the Tribunal and we have heard Mr. A. R. Thaker for Mr. J. R. Nanavati, learned Counsel for Saurashtra University.