BHOGILAL GANESHDAS PATEL Vs. DIRECTOR OF TECHNICAL EDUCATION

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The petitioners, in all seven in number, Lecturers in Electrical Department in the Engineering Colleges of the Government of Gujarat, filed this special civil application and prayer has been made for quashing and setting aside the condition put in the resolution of the respondent No.2 dated 11-12-1979, annexure 'B' that their pay should not be fixed on the basis of promotion and appointment to the post of higher responsibilities and duties on upgrading them as Lecturers and such condition consequently included in resolutions at annexures 'C' and 'D' to be declared as illegal, null and void. Further prayer has been made by the petitioners for direction to the respondents to fix their pay in the pay scale of the post of Lecturer with effect from 1-4-1979 giving benefit of promotion as if they have been promoted to the said post from the lower cadre of Assistant Lecturer. Last prayer has been made for the direction to the respondents to fix up the seniority in the cadre of Lecturers considering them, having been promoted on and with effect from 1-4-1979 on this post according to their inter-se seniority in the lower cadre of Assistant Lecturers.

(3.) The facts of the case are that in the Engineering Colleges of the State of Gujarat there are posts of Assistant Lecturers, Lecturers, Associated Professors and Professors. At the relevant time, the pay scale of the post of Assistant Lecturer was of Rs.650-1040 whereas the pay scale of the post of Lecturer was of Rs.700-1600.