GANESH DIGAMBER JAMBHRUNKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By present petitions, petitioners seek regularization of their services and all benefits of permanency including deemed date with effect from 1/4/2016. The petitioners also seek directions for payment in the pay scales prescribed by the University Grant Commission (for short "U.G.C. "). They are working as lecturers in various departments/subjects in Shri Guru Govind Singhji Institution of Engineering and Technology, Nanded and had rendered about 3/5 years of service on the date of filing of the petitions.

(2.) Facts of the case as pleaded in the Petition are that the Government of India launched a programme known as Sub Sector Development Programme for Technical Education/Technical Education Policy Improvement Programme of Government of India. The State of Maharashtra decided to implement the same for technical education in the State with the aid of World Bank. Towards implementation of the programme, two Government Resolutions were issued by the State on 19/7/2002 and 31/3/2004. The programme aimed that give autonomy to technical institutions so as to improve the quality of technical education. Accordingly, three engineering colleges, including the respondent No. 3 college, came to be granted administrative, financial and managerial autonomy with a further direction to procure educational autonomy.

(3.) Petitioners aver that directorate of the respondent No. 3 collage submitted a proposal dtd. 12/9/2012 for sanction of the posts of Assistant Professors, Associate Professors and Professors as per the norms of the All India Council of Technical Education (for short "A.I.C.T.E. ") and before receiving such sanction proceeded, to fill up the posts as per the norms of the U.G.C. The respondent No. 3 college issued advertisements from time to time starting from the year 2011 for appointments on the posts of lecturers on contract basis on consolidated salary. The petitioners applied in pursuance to the advertisements. They were subjected to interviews before the Interviewing Committees consisting of subject experts and were selected in the selection process. They were appointed as lecturers/assistant professors on various dates beginning from the year 2011 onwards. The petitioners have produced a chart at Exhibit - A to the petition showing their dates of first appointments. The appointments were purely on contract basis and on fixed consolidated salary for a period of eleven (11) months. At the end of the contract period, they were subjected to fresh interviews every year and were again selected. They have completed 3/5 years of service as lecturers as on the date of filing of the petitions.