SHISHIR VASANT SINDEKAR Vs. GOKHALE EDUCATION SOCIETY

JUDGEMENT

(1.) By this petition, the Petitioner impugns Government Resolution dated 19th July 2003 and 2nd August, 2003 and seeks grant of approval as a permanent full time Lecturer in Economics with all consequential benefits including time sale of pay.

(2.) There is no dispute about the fact that the Petitioner is well qualified for appointment of Lecturer in Economics since he is M.A. 1st Class in Economics and also has passed SET examination. He was appointed as a full time Lecturer in Economics by Respondent No.1 in its College - Respondent No.2 as per appointment order dated 10th August, 1994 for the academic year 1994-95. The initial appointment was on temporary basis. In the next year he was again interviewed for the post against leave vacancy in the open category and was appointed as such. He continued to be appointed as Lecturer in Economics for each educational year till 1999. In the year 1999-2000 he was selected by duly constituted Selection Committee for the post of full time Lecturer in clear vacancy available for open category, on probation for two years period, in another College of Respondent No.1 and was given appointment order dated 14th August, 1999.

(3.) The Petitioner s case is that though he expected to be treated as confirmed from the year 2001 yet the post was again advertised by Respondent No.1. From time to time he was appointed against the reserved post till 2002-2003. He continued to be the employee as a full time Lecturer in Economics and has drawn the pay in time sale. In 2002, the Government issued a resolution allowing to fill up 2/3rd of total vacant posts on contract basis on a consolidated salary for a fixed period. The Government Resolution was, however, stayed by a letter of Joint Director, Higher and Technical Education Department on 7th September, 2002. The Government vacated the stay order on 19th July, 2003 and directed appointment of Lecturers on contract basis on consolidated pay of Rs.8,000/- per month. The Respondent No.1 published an advertisement and called for applications to fill up the post on consolidated pay and on contract basis for a fixed tenure as per the Resolution of the Government. The Petitioner responded to the advertisement dated 27th September, 2003. He claimed that he is fully qualified and ought to have been continued in clear vacancy on time scale. His main prayer is to quash the Government Resolution dated 19th July, 2003 and 2nd August, 2003 and further direction to grant approval for his appointment as full time Lecturer in Economics. Hence the petition.