VAKHATSINGH J JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner started his career as a Lecturer in a College run by respondent No. 4-Education Society, of which respondent No.5, at the relevant time was the Principal. The name of the College is J. B. Thakkar Commerce Collegs, Mirzapur, Kutch-Bhuj. The petitioner came to be appointed on the said post somewhere in the year 1970 and gradually, he came to be appointed as a Professor in the pay scale of Rs. 400-30-640-40-800 with effect from 15th June 1975.

(2.) In the year 1976 an important event happened in the world of college employees, may be, Lecturers, Professors, etc. when the State of Gujarat, respondent No.l with the approval of the Central Government, implemented recommendations of the pay revision made by the Sen Commission. A Government Resolution came to be issued with regard to it on 23rd November 1976. As it happens in all such cases, pay fixation formula was forming part of said G. R. and this formula is to be found at Appendix C to the G. R. The very first Rule 1-A with explanation reads as under:

(3.) Accordingly, the respondent-management filled up the requisite form No. 28, Annexure C, and as per the formula set out in the said G. R. with appendix, the salary of the petitioner, at the relevant period, worked out to be Rs. 621.25. It may be recalled that by the time this exercise was done somewhere in the year 1980, the petitioner had already started working as a Professor since 1970. As the post of Professor came to be abolished, so. far as scales are concerned, there came to be established in its place one common cadre of Lecturer. Starting salary of that cadre was 700-1600. In Annexure C page 28, therefore, corresponding revised scale in column No. 3 was shown to be 700-1600 and the pay fixed in the revised scale in column N6. 4 was Rs. 700/-.