VIRENDRA BHUPATRAI MEHTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE common question arising for determination in these three petitions in whether G. R. bearing No. USG. 1184/28042/ (944)/high Education-4, issued by the Government of Maharashtra in Education and Employment Department on on 22nd November 1985, is a valid exercise of power.

(2.) PETITIONERS are part-time teachers in colleges who have changed institutions and want to get the benefit of G. R. No. USG. 1181/105145/ (500)UNI-4 issued by the Government of Maharashtra in Education and Employment Department on 17th September 1982. The relevant portion of the 1982 G. R. read thus :---

(3.) THE State in its return takes stand that it was within its right in limiting the benefit of continuity in service to full-timers. In the past when it wanted to confer any benefit to part-timers, it had made this expressly clear in G. Rs. issued by it. The 1982 G. R. did not contemplate part-timers and that is why the 1985 G. R. was issued. A benefit not meant for a certain class should not be allowed to be availed of by that class, for that would amount to a misuse resulting in an unintended burden upon the States financial resources. There is no substance in the plea that the G. R. of 1985 is violative of Articles 14 and 16 of the Constitution of India.