R A MALAGI Vs. GUJARAT UNIVERSITY THR REGISTRAR

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India is filed for the purpose of seeking the following relief :-

(2.) The case of the petitioner is that he is the holder of Bachelor Degree in Arts with English language as a principal subject and was also awarded with two gold medals and subsequently, he also cleared Master of Arts from Karnataka University and further did advance Doctorate degree from Karnataka University in English literature. The petitioner joined the Government Polytechnic College, Pune, in the month of October, 1960 and subsequently jointed M.E.S. College, Pune, as Assistant Professor in English department and worked as such from July, 1961 to September, 1971. It is further the case of the petitioner that in September, 1971, when he joined the Karnataka University as a Reader in English with basic salary of Rs.950/- in the pay-scale of Rs.750-1250/- and after implementation of the recommendation of 'Sen Commission', the pay-scale were revised.

(3.) The petitioner has asserted further that pursuant to the advertisement for the post of Professor of English in the School of Languages, in the National Newspaper in the year 1977, pursuant to which the petitioner applied on 18.02.1977 for the said post and after following all the recruitment procedure, the petitioner came to be appointed as a Professor of English in the respondent University with effect from 01.09.1977. The said assignment/appointment was in the school of languages in the pay-scale of Rs.1500-2000/- with other usual allowances. It is the case of the petitioner that pay and other emoluments of other teachers who joined the Gujarat University from other University were protected, however, the respondent University did not grant pay protection to the petitioner which ultimately, lead the petitioner to this Court by way of Special Civil Application No. 3240 of 1979. At the relevant point of time, the respondent University advanced its action on the ground that since the petitioner is from outside the State of Gujarat, he is not entitled to similar terms. However, negativing the contention, this Court, according to the petitioner has held that "such classification is not countenanced of Articles 14 and 16 of the Constitution of India". Based upon this decision which has been delivered on 06.10.1992, the respondent Gujarat University submitted Letters Patent Appeal No. 30 of 1993 before this Court and such appeal came to be dismissed vide order dated 21.04.1993.