MOHANLAL THAKERSHI RUPARELIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed the present petition under Article 226 of the Constitution of India making the following main prayers in para 16 (A) to (C).

(2.) It is the case of the petitioner that the petitioner was appointed at very young age in the Government service as Class-I Officer on 21.6.1976 in the Pharmacy College at Rajkot. As averred in the petition, initially, the Pharmacy College, Rajkot was Diploma Pharmacy College for a period of eight years and thereafter, approval was granted for Degree Course in the year 1984. The petitioner continued to head the institution for Diploma as well as Degree Pharmacy Course as a Principal of the College.

(3.) As stated in the petition, the pay scales of teachers including Heads-Principals of Pharmacy Colleges came to be revised on 15.4.1978 vide Resolution of the Government in its Health and Family Welfare Department from 1.1.1973 and as per the said Government Resolution, new pay scale of Rs.1600-80-2000 was fixed for the Principals of the Colleges conducting Degree and Diploma Course of Pharmacy and Rs.1300-1600 for the Principal/Head of Colleges conducting Diploma Course in Pharmacy. The grievance of the petitioner is that though he was entitled to the pay scale of Rs.1600-2000, as Principal of Degree and Diploma College, he was not extended the benefit of the said pay scale. It is further stated that when the Commissioner of Foods and Drugs Control Administration, Ahmedabad moved a proposal for starting B. Pharm. Degree Course, it was stated that the petitioner would continue as Head-Principal of the College and his pay scale would be Rs.1600-2000 or Rs.1500-2500. It is averred that the proposal of the Commissioner of Foods and Drugs Control Administration, Ahmedabad was approved by the State Government and the State Government issued notification dated 3.7.1984 to start B. Pharm Degree Course at Rajkot and issued orders to the petitioner as Head of the College. Accordingly, Diploma Course was upgraded to that of the Degree Course from 3.7.1984 and since then, the petitioner has been working as Head/Principal of the College.