VAIJANATH MARUTI KADAM Vs. GOVERNMENT OF MAHARASHTRA

JUDGEMENT

(1.) In this petition, filed under Article 226 of the Constitution of India, the petitioner is, inter alia, seeking a direction to the respondent s not to retire him from the post of Director of Physical Education in respondent 2- college till he attains the age of 60 years i.e. till 31.5.2009 and a further direction to the respondent s to grant him the revised pay scale recommended by the University Grants Commission and all such subsequent pay scales as revised by the Government Resolutions issued from time to time to the post of Physical Education Teacher with effect from his initial date of appointment i.e. 1.9.1984.

(2.) Respondent 1 is the Government of Maharasht ra, Medical Education and Drugs Department . Respondent 2 is the Ayurved college run and managed by the trust known as Sheth Sakharam Nemchand Jain Pharmacy & Hospital Trust. Respondent 2 College is an aided college and is affiliated to respondent 5 University. The said college is bound by the Government Resolutions issued by respondent 1 from time to time. Respondent 3 is the Directorate of Ayurved Maharasht ra State, Mumbai. Respondent 4 is the Assistant Director of Ayurved, Pune. Respondent 5 is the health science university to which respondent 2 college is affiliated.

(3.) The petitioner's case is that he was initially appointed as Physical Education Teacher (Part Time). Respondent 4-Assistant Director of Ayurved, Pune sought guidance from the Directorate of Ayurved, Maharasht ra State, Mumbai, in the matter of appointing the petitioner in respondent 2- college under his letter dated 11.1.1984. On 23.4.1984, respondent 3 wrote to respondent 4 giving his approval to appoint the petitioner in respondent 2- college on full time basis in the scale of Rs.500- 20- 700- 25- 900.