RAMESH GOSWAMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The present appeal is laid against the judgment and order dated 8.12.99 passed by the learned Single Judge in Civil Rule No. 3671 of 1996 dismissing the writ petition. The appellant herein is the writ petitioner and had approached this Court alleging discrimination against the State respondents in the matter of granting him U.G.C. scale of pay and consequential benefits on the basis thereof.

(2.) We have heard Mr. A.S. Choudhury, learned senior counsel assisted by Mrs. N.N. Ahmed, Advocate for the appellant and also Mr. A.M. Bujar Baruah, learned State counsel for the respondents.

(3.) The relevant facts can be summarised as hereinbelow :- The appellant after doing his graduation with Honours in Assamese also passed M. A. Examination in the same subject i.e. Assamese (Group-B) in the year 1977 securing 46.1%. Thereafter, he passed M.A. in Assamese (Group-A) in the year 1988 from the Gauhati University securing 53.4%. The result of the latter examination was published on 5.12.88. In the meantime the appellant was appointed as a lecturer in Assamese in Nalbari Commerce College on 13.8.79. Being so appointed by the President of the Managing Committee of the said College, he has been serving as lecturer in Assamese in the said college since then till date. The college was brought under the Deficit Grants in Aid system of the Government of Assam with effect from 1.4.92 vide, communication No.PC/HE/Col. 19/90/55 dated 24.2.93. It was mentioned therein that the appointments of the incumbents holding the posts of lecturers in different departments of the said college fulfilling the then U.G.C. norms for appointment as lecturers as per Government of India letter dated 17.6.87, the Government of Assam, Education Departments' letter dated 15.12.88 etc. were thereby provisionally approved with effect from. 1.4.92. In the statement enclosed to the said communication disclosing the particulars of the posts vis-a-vis the departments and the incumbents thereof, the posts of lecturers in Assamese, Hindi and Economics were shown to be vacant. Against the remarks column corresponding to the Department of Assamese, it was mentioned that the existing incumbent was under qualified. The communication dated 24.2.93 also mentioned about the said fact. According to the said letter, the posts shown as vacant were either actually vacant or the incumbents thereof did not possess the then U.G.C. norms. As such, the said communication along with the statements enclosed therewith suggested that the appellant did not possess the UG.C. norms in force on the date of the communication. Thereafter, the respondent No.2 by communicated dated 7.2.94 (Annexure 11 to the writ petition) provisionally approved the services of the appellant at a fixed pay of Rs. 2200/- P.M. plus other allowances as admissible under the Rules with effect from 1.10.93 subject to two(2) conditions :