LAWS(GJH)-2009-5-73

STATE OF GUJARAT Vs. BHAVNABEN BHUPENDRABHAI MEHTA

Decided On May 14, 2009
STATE OF GUJARAT Appellant
V/S
BHAVNABEN BHUPENDRABHAI MEHTA Respondents

JUDGEMENT

(1.) IN both the petitions, as the judgment and order of the Tribunal, under challenge is common, they are being considered by this common order.

(2.) IT appears that the present petitions are preferred by the State of Gujarat against the judgment dated 6. 8. 1992 passed by the Tribunal in Appeal No. 30 of 1991 and 100 of 1991.

(3.) THE relevant facts appears to be that the Respondent No. 1 was initially appointed as part time Lecturer and she was absorbed as full time Lecturer by the College, at Nadiad. Thereafter, as the workload was reduced, she was converted as part time Lecturer. The Petitioner had also accepted the appointment as part time Lecturer under Respondent No. 2-College. At that stage, the Petitioner apprehended that she may be relieved as part time Lecturer by Respondent No. 2 College and therefore, Application No. 30 of 1991 was preferred before the Tribunal. The Petitioner also simultaneously preferred Application No. 100 of 1991 before the Tribunal seeking prayer that the post of part time Lecturer with Respondent No. 2 " College be converted into full time Lecturer and the Petitioner be absorbed on the said post. The Tribunal, by relying upon the ordinance No. 165 of the University allowed the Application No. 100 of 1991 and directed that the Respondent No. 1 would be entitled to be converted as full time Lecturer in Sociology and the College was also directed to convert the post of full time Lecturer, and accordingly Application No. 100 of 1991 was allowed. Application No. 30 of 1991 was disposed of as not survived in view of the direction given for conversion as full time Lecturer. Under these circumstances, the State has preferred both the petitions before this Court.