JAYANTILAL MAGANBHAI GAMIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition has been filed under Article 226 of the Constitution of India for the purpose of seeking following reliefs:

(2.) The case of the petitioner is that the petitioner had obtained a degree of bachelor in Rural Science in first class from Gandhi Vidhyapith, Vedchhi, Taluka Valsad in the year 1986. As a result of this, pursuant to the advertisement, the petitioner applied for the post of Professor in Ishwarbhai Khodabhai Chavda Gram Vidhyapith, run by Rashtriya Kelavani Mandal, Kahanvadi, Taluka: Borsad. The petitioner since was fulfilling the qualification criteria was selected for the post of Professor and was issued an appointment order on 19.08.1986. It is further the case of the petitioner that petitioner was appointed initially on probation for a period of one year and upon completion of probation period successfully, he was appointed permanently in respondent No.3 - Institute. The petitioner continued his further study for the postgraduation with Gurarat Vidhyapith in the subject of Samaj Navrachna and completed the said course and passed the same in first class in the year 1989, for which, the Gujarat Vidhyapith had also issued post-graduation degree certificate on 08.10.1990. 2. 1. It is further the case of the petitioner that in the year 1984, the respondent No.3 - Institute applied for opening a college for imparting education of degree course in village science and other allied subjects for which the State Authorities granted permission to respondent No.3 - Institute to start a college for imparting education of two years diploma course by order dated 29.11.1985. The said order dated 29.11.1985 was then corrected vide order dated 22.01.1986 permitting respondent No.3 - Institute to impart education and grant degree of bachelor of Rural Science. The State Government while granting permission had provided staff pattern for respondent No.3 - Institute which was sent in an order dated 22.01.1986. The said staff pattern was approved by the State Authorities and it was made clear that there were two categories of Professors, namely, first category for the Post Graduates and second category for the candidates with first class. In response to the said permission having been granted, respondent No.3- Institute has started a college in the name of Ishwarbhai Khodabhai Chavda Gram Vidhyapith, at Kahanvadi, Taluka:Borsad for the academic year 1986-1987 and the petitioner was appointed as a Professor in second category in respondent No.3 - Institute. Since the petitioner has passed bachelor of Rural Science degree examination with first class, the petitioner was made permanent after successfully completed the period of probation. 2. 2. It is further the case of the petitioner that on 08.06.1990, the petitioner submitted an application to the Principal of respondent No.3 - Institute requesting him to put the petitioner in first class category of Professor which is meant for post-graduates and also to grant him pay-scale of the first class category of Professor in view of the permission which has been granted by State Authorities. The said application dated 08.06.1990 was referred to the Joint Director of Education, Gujarat State, Gandhinagar with a view to grant the pay scale of first category of Professor which is meant for post-graduates to the petitioner, as he obtained a master degree from the Gujarat Vidhyapith. The said application was given alongwith all those detail degree certificates and mark-sheets and pursuant to such verification of relevant testimonials, the Joint Director, Higher Education, Gujarat State, Gandhinagar vide order dated 14.06.1990 granted sanction to grant pay-scale of first category of Professor to the petitioner with effect from 01.10.1989. As a result of this, the petitioner was granted pay scale of Rs. 2,000- 3,200, which is meant for the first category of Professor. Pursuant to the said order dated 14.06.1990 passed by the Joint Director, Higher Education, Gujarat State, Gandhinagar which was received by respondent No.3 - Institute, the petitioner was informed vide communication dated 27.06.1990 indicating that his request for grant of pay scale of first category of Professor is accepted by the State Authoritis and with effect from 01.10.1989, the petitioner was fixed in the salary pay-scale of Rs. 2,000-3200. 2. 3. It is further the case of the petitioner that after almost a period of more than 25 years, suddenly, an order came to be passed on 10.08.2015, by virtue of which, the benefit of payscale of first category of Professor which was extended to the petitioner came to be revoked without issuing any show-cause notice to the petitioner nor to respondent No.3 - Institute and without granting any opportunity of hearing after 25 years, the benefit which was already granted and implemented came to be revoked and this action has ultimately brought the petitioner before this Court by way of present petition under Article 226 of the Constitution of India.

(3.) The petition came to be entertained by this Court initially vide order dated 14.09.2015 and after completion of pleadings, it has reached to this Court for its further hearing in which the learned advocates appearing on behalf of both the sides have requested the Court to hear and dispose of the petition at the admission stage itself. Considering this, the hearing have taken place today of the present petition.