RAVI MADANLAL PALIWAL Vs. STATE OF M.P.

JUDGEMENT

(1.) BY this writ petition, filed under Articles 226 and 227 of the Constitution of India, petitioner prays for issuance of a writ in the nature of Mandamus or for any other appropriate writ, order or direction, commanding the respondents to grant him the U.G.C. scale as accepted by the State Government from the date of his joining with all consequential benefits.

(2.) SHORN of unnecessary details, facts giving rise to the present writ petition are that when teaching in Science upto graduate level was introduced by Sri Guru Tegh Bahadur Khalsa College, Jabalpur, hereinafter referred to as the 'College', from the academic session 1987 -1988, petitioner was appointed as Assistant Professor on ad -hoc basis in the department of Physics. In pursuance of his appointment, petitioner joined the service in September, 1987. It is relevant here to state that College is admitted to the privileges of the Rani Durgawati University, Jabalpur. Thereafter, the College issued advertisement in the daily newspaper 'Nav -Bharat' dated 25 -6 -1989 inviting applications from candidates for filling -up various posts; including the post of Assistant Professor in the department of Physics. As regards the qualification and the salary, the advertisement indicated that - "qualification and salary as per U.G.C. College Code." In pursuance of the advertisement made by the College, petitioner applied for his appointment. After the interview, petitioner was offered appointment by letter dated 10 -10 -1990 in which the petitioner was informed that he has been selected for appointment as Lecturer in Physics in the grade prescribed by the U.G.C. Petitioner accepted the offer of appointment and continued working as Assistant Professor.

(3.) STATUTE No. 28 (College Code) deals with the College admitted to the privileges of the University Paragraph 20(3)(i)(ii) of Part VI of Statute 28 inter alia provides for appointment of the teachers on a written contract in the form prescribed in the Appendix. Form contains columns in which the post, the initial salary in the scale of pay and other conditions of service are required to be mentioned. According to the aforesaid paragraph, a copy of the contract is required to be given to the teachers and a copy of the same was required to be lodged with the University. It seems that no such contract was entered into by the petitioner and the College and when it came to the notice of the respondent University; by communication dated 14th February, 1994 (AnnEx. P/4), it requested the President of the Governing Body of the College to send the form of agreement duly filled within a week. While making the aforesaid communication, the attention of the College was also drawn to paragraph 22(1) of Statute No. 28, which inter alia provides that the scale of pay for different categories of teachers in the College be such as are prescribed from time to time by the State Government for similar categories in Government Colleges. Respondent University went on to say that all the Assistant Professors working in the other Colleges are being given the U.G.C. scale of pay of Rs. 2200 -4000/ - from 1 -1 -1986 and accordingly the respondent College was asked to ensure payment of salary to the Assistant Professors in the aforesaid scale of pay.