R JAYKUMAR Vs. PEOPLES 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.) It was not disputed before us that Petitioner Nos.1 and 2 were appointed in vacancies falling under open category and specifically Respondent No.2 does not dispute this fact. Respondent No.2 through its Principal Mr.A.P.D'Souza has filed an affidavit and in the said affidavit Respondent No.2 does not dispute the fact that they were so appointed in the open category. As the Petitioners were not paid their salary for an abnormally long period they have filed the present petition under Article 226 of the Constitution of India. Respondent No.2 is practically supporting the case of the Petitioners and it appears that Respondent No.2 could not pay the salary as Respondents Nos.3 and 4 did not release the grant.