VASANT RAMCHANDRA DESHPANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned Counsel for the parties. The petitioner who was working as a lecturer in English in respondent No. 3-College affiliated to Respondent No. 4 university has retired or a junior lecturer after filing of this writ petition same time in May 1999. He filed this Petition in the year 1991 seeking a pay protection since he had been absorbed in the college affiliated to respondent No. 4 University after earlier putting service in a college affiliated to Bombay University and since he apprehended at the time of filing of the Petitioner that he may not be continued with Respondent no. 3-college and the post would be given to somebody else. From the Petition in it appears, that he had two-fold grievances. Firstly, that he may not be absorbed in the senior college and that a post in the senior college would be given to somebody else and secondly his salary ought to be protected. He had prayed for an interim relief that the post in senior college ought not to be further advertised and he be continued in that post. The petition was admitted in august 1991 but no interim relief was granted. It appears that the Petitioner has continued thereafter and as stated above has retired in the year 1999 from the junior college. Presently, we are therefore, confining ourselves to the principal prayer in the petition which is with respect to a correct pay fixation. His retirement benefits will depend on that.

(2.) AS stated above, the Petitioner worked earlier in different colleges and ultimately in the J. S. M. College at Alibaug where he was rendered surplus some time in the year 1981-82. Under the scheme that was prevalent at that time to deal with the problem of surplus teachers, the Deputy Director of Education, Pune region intimated to the Principal of the Respondent No. 3 college that the Petitioner was one such surplus teacher who was available. The Principal of Respondent No. 3 college sent a letter to the Petitioner on 22. 6. 1982 referring to the communication from the Deputy Director of Education, Pune region and further informing him that there was a vacancy of junior college teacher in English in the scale of Rs. 500-900 available in that college. The letter asked the Petitioner to inform the Principal as to whether he would like to accept that offer. The petitioner accepted that offer and joined the college.

(3.) THE Petitioner appears to have represented to the Principal in January 1989 that since he belonged to the protected category of teachers and since he was working from 1. 7. 1982, he be absorbed in a regular vacancy in the senior college which was likely to occur in a short time. The College appears to have written to the Petitioner on 14. 6. 1990 that even if he belongs to the protected category, the regular procedure for absorption cannot be dispensed with. It is at that stage that the present petition appears to have been filed. It is not disputed that the Petitioner was not absorbed in the senior college and continued all throughout in the junior college.