SUBASH CHANDER AND OTHERS Vs. STATE AND OTHERS

JUDGEMENT

(1.) In this intra court appeal, the appellants has assailed the validity of the judgment dated 10.12.2007 passed by the learned Single Judge by which the writ petition preferred by the appellants has been dismissed. In order to appreciate the appellants' challenge to the impugned order, few facts need mention which are stated infra.

(2.) The State Government vide order dated 24.04.1998 framed a policy regarding recruitment of temporary lecturers in Higher Education Schools on academic session basis. The qualification which was prescribed was post graduation in the concerned subject. Initially the engagement was to be made for a period of two months which could be extended depending upon the requirement up to maximum of one session. The selection of lecturers was to be made from within District and in case of non availability of a candidate in a particular subject, the candidate from adjacent district could be considered for engagement. The candidate appointed on such arrangement was entitled to monthly remuneration of Rs. 3500/- per month. The appointment however was purely temporary and the candidate after opting for such an appointment had to furnish the undertaking that he/she will not claim any appointment on permanent basis against the post. Condition No.4 of the Government order which is relevant for the controversy which is involved in the instant appeal is reproduced below:

(3.) Thereafter vide Government Order dated 16.07.1998, the earlier Government Order was partially modified and the Chief Education Officers of the respective areas were directed to identify the higher secondary schools where vacancies were available. However, the other conditions were altered. Once again by an order dated 07.06.2000, the order was partially modified and the remuneration was enhanced from Rs. 3500/- to Rs. 4500/- per month. By an Government Order dated 31.07.2003, the State Government upgraded 18 middle schools to the level of high schools and 30 high schools to the level of higher secondary schools and some additional posts were created in different categories. In terms of the aforesaid order, the appointment of temporary lecturers was required to be made on consolidated amount of Rs. 7000/- per month.