JAGDISH A RAMANUJ Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, the petitioner an employee under the Saurashtra University who was initially appointed by the Bhavnagar University has prayed for an appropriate writ, direction and order to quash and set aside the order passed by the Bhavnagar University dated 4.7.1997. It is also further prayed to direct the respondent Government not to deny the pay protection to the petitioner as granted by the Bhavnagar University vide order dated 3.11.1995.

(2.) FEW facts are necessary for the purpose of determining of the present petition.

(3.) PETITIONER was working as an Assistant Teacher in the Sanatan Dharma High School, Bhavnagar since July, 1979 to July, 1985. Pursuant to the public advertisement issued by the Bhavnagar University in the year 1995 inviting applications for the post of Lecturer in the Education Department of the Bhavnagar University, the petitioner applied for the said post and the petitioner was selected and appointed in the Bhavnagar University vide order dated 23.6.1995. The Petitioner resumed the duty as a Lecturer in the Bhavnagar University on 7.7.1995. It is the case on behalf of the petitioner that the pay scale of the Assistant Teacher was 1640 -2900 and since the petitioner had completed more than nine years of service as Assistant Teacher, he was entitled for the higher grade scale as per the policy of the State and therefore, he was getting the pay scale of 2000 -3500. It is the case on behalf of the petitioner that when the petitioner joined the Bhavnagar University as a Lecturer as drawn by him as Assistant Teacher was required to be protected by the Bhavnagar University. It is the case on behalf of the petitioner that in the appointment order itself it was maintained that the pay of the petitioner as drawn by him as Assistant Teacher would be protected while working as a Lecturer in the Bhavnagar University and accordingly an order came to be passed on 3.11.1995, whereby the pay of the petitioner was protected. It appears that thereafter further increments were released, when subsequently by order dated 4.7.1997, the Bhavnagar University passed an order whereby the pay of the petitioner was reduced to Rs. 2200/ - from the date of his joining as a Lecturer in the Bhavnagar University i.e. w.e.f. 7.7.1995. Being aggrieved and dissatisfied with the said order in not protecting the pay of the petitioner as drawn by him as an assistant teacher while working as a Lecturer in the Bhavnagar University, the petitioner has preferred the present petition under Article 226 of the Constitution of India.