PARSHOTTAMBHAI D PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) At the out set, it may be stated that the matters of 1982-83 are coming up for final hearing. The Board was notified way back on 3rd July, 1995 and these are all old matters which are pending since last more than one decade. But with regrets not less than surprise, it is to be recorded that in most of the cases, the State and its Functionaries who are respondents have not cared to file replies. Same is the position in the present case in which no reply whatsoever has been filed and the facts have, therefore, remained uncontroverted.

(2.) The petitioner in the instant case was working as Assistant Lecturer in the Institution headed by respondent No. 3 that is College of Arts Diploma Course. A reference has been made to a Government Resolution dated 20th June, 1973 introducing scheme for examination for Higher Arts Drawing Examination. By this resolution, the Government has revised the syllabus and scheme of the examination for Diploma Course for Arts., as follows:

(3.) It is the case of the petitioner that all the aforesaid courses have foundation course as a part of 1st Year study and all students taking any of the branches as enumereted above or any of the courses referred to hereinabove have to study the first year course known as foundation course and this foundation is a common course for all the students who went to appear in the examination held by the Government of Gujarat and it is only after successful completion of the aforesaid foundation course of first year, that the student is admitted to the specialised course for drawing and painting, sculptures, applied arts, drawing course and Arts Teacher's Diploma Course ("ATD Course" for short). Through this petition, the petitioner seeks to raise the grievance in the matters of pay scales fixed by the Government with regard to the assistant lecturers teaching in each of the institutions and it has been submitted that if the assistant teacher is appointed in any arts college, his pay scale is fixed at Rs. 550-900 and if the assitant lacturer is appointed in ATD Colleges, pay scale is Rs. 440-750. A copy of the resolution dated 10th July, 1977 is annexed at Annexure-B in support of this assertion. It is submitted that initially, pay scale of the assistant lecturer was Rs. 350-600 which was later on revised to Rs. 550-900 vide Resolution dated 15th April, 1977. The pay scale of the Assistant Teacher in Drawing Teacher's College now known as ATD College was Rs. 350-600 and the same was subsequently revised by resolution dated 26th July, 1979 to Rs. 440-750. It has been submitted that earlier, special civil application no. 2682 of 1978 was filed by one Shri Jashvantrai B. Naik and after passing of the aforesaid resolution dated 26th July, 1979, when it was not implemented for quite some time, a statement was made before the Court that the arrears, if any, will be paid and further payment of salary on the basis of the new pay scale will be made by 7th June, 1980 and in view of his statement, aforesaid special civil application was withdrawn.