SECRETARY Vs. VARSHA DEVENDRAPRASAD PUROHIT

JUDGEMENT

(1.) The petitioner has filed this petition under Article 226 of the Constitution of India challenging the order passed by the Gujarat Affiliated Colleges Services Tribunal, Ahmedabad in Application No. 79 of 1993 whereby the petitioners were restrained from discharging respondent No.1 from the post of a Librarian in S.M. Patel College of Home Science at Vallabh Vidyanagar and further directing the present petitioners to pay to her the pay scale of Librarian as per University and Govt. Rules.

(2.) It is the case of the petitioner that Charutar Vidya Mandal runs and manages several educational institutions including S.M. Patel of Home Science at Vallabh Vidyanagar. The present respondent No.1 was appointed on temporary and adhoc basis. It was also the case of the present petitioner that the respondent No.1 was appointed on casual vacancy of a Librarian. Since the post on which present respondent No.1 was appointed was a reserved category post, the respondent No.1 was discharged from service. The respondent No.1 thereafter filed an application before the Gujarat Affiliated Colleges Services Tribunal at Ahmedabad in which it was alleged that respondent No.1 was paid salary lesser than the prescribed salary for the post of Librarian for which she had been working and that without following the due procedure prescribed in Section 14 (1) of the Act, she was discharged from service. In support of her contention, she has averred in the application that respondent No.1 was appointed as Librarian with effect from 03.04.1991 in S.M. Patel College of Home Science at Vallabh Vidyanagar and that she possesses necessary qualifications for being appointed on the said post. She has also worked as Library Clerk in Sardar Patel University and as Librarian in Dhansura Arts & Commerce College. Though she has joined as Librarian with effect from 03.04.1991, she was not given any appointment letter. It was also averred that the respondent No.1 was appointed as Librarian on the post of leave vacancy as the incumbent of the post of Librarian proceeded on leave in April 1991 for one year and that the said incumbent tendered her resignation on 13.02.1992 and, therefore, the post of Librarian fell vacant from that date and, therefore, the respondent No.1 was allowed to continue on the said post. It was further averred that though she was entitled to the scale of Rs. 2200 - 4000, she was paid an amount of Rs.25.00 per day as if she was a daily wager and she was paid the said salary at the end of every month after deducting the days of holidays and Sundays.

(3.) The present petitioners have appeared before the Tribunal and filed their written statement, interalia, contending that the State Government has framed the policy to fill the reserved post by candidates belonging to reserved category and the said policy was applicable to non-teaching staff as well and since the respondent No.1 was not a candidate belonging to reserved category, she could not be appointed on that post and no grant could be allowed to the College for meeting the expenses of her salary. The present petitioners have also raised the contention before the Tribunal that the respondent No.1 was not appointed as a Librarian on the permanent post and it was purely a temporary and adhoc and that too on a casual vacancy and hence there was no question of following the procedure laid down under Section 14 (1) of the Act.