VAIDYA BHARATI P SHAH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) "Security of Service" and "equal pay for equal work" are the prayers in these petitions under Article 226 of the Constitution of India. The questions I am called upon to consider here are whether after 12 to 34 years of service, can the petitioners be still termed as "temporary" and be terminated and are they entitled to "equal pay for equal work"

(2.) In the year 1941, the erstwhile State of Bombay, made a beginning to introduce standard Ayurvedic Course supplemented by modern advances in the field of medicine. The R.A. Podar Medical College was established in the year 1941 with a view to impart Ayurvedic education to which M.A. Podar Hospital was attached. Since 1941, various courses of the Bombay Faculty of Ayurvedic and Unani Systems of Medicines and Maharashtra Faculty of Ayurvedic and Unani Systems of Medicine of Pune and Bombay Universities were conducted at R.A. Podar Medical College, Worli, Bombay. Due to rapid changes in the courses of Ayurved at the above College, it was not possible to establish a definite pattern of teaching staff. Moreover, the Universities in the State, for example Pune, Nagpur and Marathwada had not prescribed a common pattern of teaching staff due to which no common recruitment rules for the teaching posts at the Government Ayurvedic Colleges could be framed. The position at the R.A. Podar Medical College in Bombay was a peculiar one since it was having large teaching staff on the part-time basis whereas the Ayurvedic Colleges in Nagpur and Marathwada had a definite full time pattern of teaching staff on the basis of the staffing pattern prescribed by the Nagpur and Marathwada Universities. Further, as there was a general shortage of qualified teachers with adequate teaching experience, the R.A. Podar Medical College had to employ part-time teachers.

(3.) Accordingly, the petitioners herein were employed on the part-time basis as could be seen from the facts of the different writ petitions as under : Writ Petition No. 2870 of 1986 The petitioner, Vaidya (Kum.) Bharati Shah, is a graduate in Ayurvedic Medicine and M.A. in Hindi and Sanskrit, "Ayurvedacharaya", "Sahityaratna. "Sahitya Shastri" and "Jyotirvad". She was appointed as Tutor in the year 1968 and thereafter Lecturer in 1970. Her services were terminated by an order dated July 17, 1986 as respondent No. 3 was transferred from Nagpur to Bombay and on the ground that there was no necessity of her services. Writ Petition No. 3085 of 1986 The first petitioner, Vaidya Madhav Joshi, is G.F.A.M. and M.B.B.S. of Bombay University. He joined R.A. Podar Medical College (Ayurvedic) and M.A. Podar Hospital as Registrar and Tutor in the year 1963. He also worked as Demonstrator in 1967 and 1975. The second petitioner, Vaidya D.D. Masrani, is G.F.A.M. of the University of Bombay. He joined services at the Podar Medical College and Hospital as Demonstrator in 1967. The third petitioner, Vaidya Umashankar Dwivedi, is also G.F.A.M. of the Bombay University. He was appointed as Demonstrator in 1968 and then as Tutor in 1969 and again as Demonstrator in 1975. The fourth petitioner, Vaidya R.P. Gupta, is B.A.M.S. He has been working as Demonstrator from 1970 onwards. The fifth petitioner, Vaidya M.P. Gupta, is G.F.A.M. and joined as House Surgeon in 1970. lie worked as Registrar and Tutor in 1971 and from 1972 the has been working as Demonstrator. Writ petition No. 2541 of 1987 The petitioner, Vaidya Jaiwant Balkrishna Naik, is G.F.A.M. of Bombay University. He joined as Demonstrator in 1967 and continuously worked upto January 24, 1990 when he resigned. Writ petition No. 951 of 1989 The petitioner, Vaidya Naresh Tambwekar, had passed G.F.A.M. examination of Bombay University in the year 1958. He was appointed as Houseman on surgical side on 1.12.1958 where he worked upto 15.5.1959. From 16.5.59 to 9.10.1959 he was Casualty Medical Officer. From 1.10.1959 to 14.11.1961 he was Registrar and Tutor. From 15.11.1961 to 18.9.1962 he performed the duties as Assistant Pathologist and Demonstrator. Lecturer in Sharir Rachana and Tutor in Anatomy were his designations from 19.9.1962 to 14.1.1964. From 15.1.1964 to 12.2.1981 he was Assistant incharge of Surgical O.P.D., Tutor in Surgery and Lecturer in Shalya-Shalakya. From 15.2.1981 he has worked as head of the Netra Vibhag. Writ Petition No. 2297 of 1989 The first petitioner, Dr. Sangappa Nagral, after passing G.F.A.M. from Bombay University in the year 1956 joined the Podar Medical College and Hospital in November, 1956 as House Surgeon. He was Casualty Medical Officer from August, 1957 to November, 1958 and Surgical Registrar and Tutor from December 1958 to January, 1963. He worked as Assistant Surgeon from 1963 to 1982. Since 1982 he has been working as Lecturer. The second petitioner, Dr. Vijay Inamdar, is also G.F.A.M. of Bombay University. From 1965 to 1968 he worked as Registrar and Tutor, from September onwards he worked as Assistant Vaidya and from 1981 onwards as head of the unit in Prasuti Tantra Stree Roga and Kumar Bharutya. The third petitioner, Dr. Ravindera Upadhyaya, is D.F.A.M. He has been working as Medical Officer incharge of O.P.D. and Tutor in Kayachikitsa. The fourth petitioner, Dr. Shivram Mehra, is G.F.A.M. He has been continuously working as Assistant Head of E.N.T. Department from February, 1970. He has also been taking lectures of final year students. The fifth petitioner, Dr. Hanmanthrao Palep, is again G.F.A.M. He was employed as Vaidya in the year 1972 in which capacity he has been continuously taking lectures, doing clinical work and carrying out operations.