R JAYKUMAR Vs. PEOPLE'S EDUCATION SOCIETY

JUDGEMENT

(1.) RULE . By consent heard forthwith.

(2.) THIS petition under Article 226 of the Constitution of India is filed by two Petitioners, namely R.Jaykumar and S.R.Borse, working in Siddharth College of Commerce and Economics, 2nd Respondent. The 1st Petitioner was appointed on 1st August 1994 as a full time Lecturer and the 2nd Petitioner was appointed on 1st September 1994 as part-time Lecturer and although their initial appointment was for one academic year, admittedly thereafter they were treated as on probation for two years and have completed the probation period. Respondent No.3 acting through Respondent No.4 gives grants to Respondent No.2. The Petitioners have not been paid their salary from April 1996 onwards inspite of their attending the College and having worked regularly as Lecturers and approximately an amount of Rs.96,000/- was due and payable to each of them on the date of the petition. By an earlier order of this Court, the Respondents were called upon to make an adhoc payment of Rs.15,000/- to each of them.

(3.) ON behalf of Respondents Nos. 3 and 4 the Asstt. Director of Education filed an affidavit which in brief states that the appointments were on temporary basis and for the year 1994-95 only. According to Respondents Nos. 3 and 4, there is a backlog of S.T. and N.T. categories and the appointment of the Petitioners were not approved as the backlog was not filled in. Even their appointment for 1994-95 was on temporary basis. Respondent No.2 did not send their representatives for approval camp which appears to be consequential for the purpose of the present petition.