RAM NARAIN SHARMA Vs. UNIVERSITY OF RAJASTHAN

JUDGEMENT

(1.) - All these writ petitions are disposed of by this common order since the controversy involved in all of them is similar.

(2.) THE petitioners were appointed as teachers on part-time honorarium basis. A policy was evolved by the University of Rajasthan by which the Head of the Departments were permitted to engage services of the retired teachers/ Ph. D. Holders/ Research Scholars for taking classes to un-covered workload of the Department on honorarium basis. In respect of the year 1995-96. THE instructions were issued on 21. 9. 1995 by the Registrar to the Head of the Departments. Teaching Department/ Principals of the University constituents colleges and Director PIM/sasc. University of Rajasthan, Jaipur. Besides the various conditions it was contemplated that the PH. D. holders would be paid Rs. 75/- per period basis up to a ceiling of Rs. 4,000/- per month and at least two periods per day will be assigned. THE Research Scholars were to be paid Rs. 40/- per period upto the ceiling of Rs. 2,200/- per month and minimum two periods per day will be assigned. THE policy was again continued with minor modifications for the academic session 1995-96 vide circular dated 27/29. 7. 1995. All these petitioners were appointed under the said policy and the sanction if Vich-Chancellor was also given. THE writ petitions were filed praying for regular appointment to the post of Lecturer/ Assistant professor and restraining the respondents from dis-continuing the services.

(3.) IT may be observed that in the case of Narendra Singh Rathore Vs. Jai Narain Vyas University, Jodhpur, (2) decided on 26. 5. 1995, the learned Single Judge declared that they are entitled to salary equivalent to the minimum pay scale of regularly appointed Lecturers of the University from the date of filing of the petition. This judgment was affirmed by the Division Bench in D. B. Special Appeal No. 537/95 (referred to above ). In the matter of Dr. D. C. Dudi (supra) the benefit of salary equivalent to the minimum pay scale of regularly appointed Lecturers of the Rajasthan University was given from 1. 3. 1996 and thus, the two Benches have taken different views.