G C PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . The petitioners were, at the lime the petition came to be filed Assistant Lecturers in different Government Engineering Colleges and Government Polytechnic Institutions in the State of Gujarat. Their subjects Of teaching were Physics, Chemistry, Mathematics, Humanities, English and Industrial Organisation, these subjects have been styled as non-technical subjects and the petitioners have been styled as teachers teaching non-technical subjects. Of course, the petitioners do not admit that these subjects are non-technical subjects. Their case is that the standard of education in these subjects either in the Engineering Colleges and Polytechnic institutions or in the Arts, Science and Commerce Colleges is the same. According to the petitioners, even in the Engineering Colleges and Polytechnic Institutions, teaching of these subjects is very intensive and is done keeping in view the engineering basis or slant. It is further the case of the petitioners that these subjects form basic foundation on which engineering courses could be successfully and efficiently learnt, and highest importance to the teaching of these subjects should be attached and unless that is done and good foundation in these subjects is laid, it is extremely difficult to train competent engineers in the modern sense of the term.

(2.) . Upto 1958 the pay scale of the Assistant Lecturers teaching technical subjects or engineering subjects and those teaching non-technical subjects was the same. That pay scale was Rs. 160-10-250.00. However, the then Bombay Government, by its resolution dated 4/07/1958, Annexure B', to the petition revised the scales inter alia of the Asstt. Lecturers in engineering subjects, i.e., technical subjects from Rs. 160-10-250.00 to Rs. 250-20-350.00. By that resolution, the pay scales of the Asst. Lecturers teaching non-technical subjects were not revised. That resolution in terms said that the revised scales should be made applicable to those posts only, the incumbents of which are required to possess technical qualifications and the revised scales would not, therefore, be admissible to the incumbents of posts in subjects such as English, Physics, Chemistry, Mathematics, Economics and Industrial Organisation, at the Government Engineering Colleges and Government Polytechnic Institutions in the State.

(3.) . The Government of Gujarat by its resolution dated 10/10/1963, Annexure 'C' to the petition, revised the pay scales of the Asst. Lecturers in non-technical subjects in Government Engineering Colleges and Polytechnic Institutions from Rs. 160-10-250.00 to Rs. 245-10-395-15-470/-. By Govt. Resolution dated 30/12/1964, annexure 'D', to the petition, the pay scales of the Assistant Lecturers in non-technical subjects were again revised to Rs. 225-235-245-10-395-15-470/-, with effect from 10/10/1963. By Govt. Resolution dated 30/05/1964, Annexure 'E' to the petition, the Government revised with effect from 12/06/1963, the pay scales of Assistant Lecturers in technical subjects from Rs. 250-20-350/ to Rs. 320-20-420-EB-20-520/-. Just as the Government Resolution - Annexure 'B' - to the petition dated 4/07/1958, excluded the admissibly of the revised pay scales, the Assistant Lecturers teaching non-technical subjects, this resolution Annexure 'E' dated 30/05/1964 also similarly excluded the admissibility of the revised pay scales to the Assistant Lecturers teaching non-technical subjects. While spelling out that exclusion in paragraph 2 of this resolution Annexure 'E' to the petition, it was further staled that "the question of revising the pay scales of these posts is separately under consideration of Government and necessary orders will be issued in due course". This last mentioned statement was made in the resolution Annexure 'E' with reference to the Assistant Lecturers teaching non-technical subjects, That resolution annexure 'E' to the petition further states that as a consequence to the revision of the pay scales of the teachers in technical institutions, separate cadres for Engineering Colleges and Polytechnics of the State should be constituted. However, Government Circular Annexure 'r' 10 the petition, date 1/12/1972, by classificatory note No. 10 provided that me cadres of Engineering Colleges and Polytechnics are common and common seniority and experience should be counted.