BHARAT BHUSHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the petitioners as well as learned counsel for the State. Perused the papers.

(2.) The petitioners, by way of the present writ petition, under Article 226 of the Constitution of India, have prayed for a direction to the respondents to grant the pay-scale of lecturer at basic scale on the basis of principle of "Equal Wages for Equal Work" and accordingly, direct the respondents to grant arrears as well as current salary to the petitioners in the basic scale of lecturer with all admissible allowances. It is further prayed for a direction to the respondents to consider and grant the pay-scale at par with similarly circumstanced ad hoc lecturer, Shri Nikudimus Tuddu, Lecturer, Santhali in Sahebgunj College, Sahibganj, a constituent unit under the same Sidhu Kanhu University, Dumka. It is further prayed for a direction to the respondents to immediately take steps for regular appointment of lecturer in A.S. College, Deoghar in the faculty of science and while making appointment of lecturers in science faculty give due weightage 'to the petitioners for the past 15 years services as ad hoc lecturer in A.S. College, Deoghar.

(3.) It is the case of the petitioners that they are working on ad hoc basis, for the last nearly 15 years in A.S. College, Deoghar, a constituent unit of the Sidhu Kanhu University, Dumka and they are entitled to scale commensurate with the job and at least at par with other ad hoc lecturer on the principle of "Equal Wages for Equal Work" as they are discharging the same responsibility of a regular lecturer in the science faculty. It is the case of the petitioners that they were appointed as lecturers in A.S. College, Deoghar on 26.05.1987 and 01.07.1988 respectively in the Department of Physics and Botany and at the time of appointment of the petitioners, the College was constituent unit of Bhagalpur University and instruction up to B.Sc. was imparted in the College in question since 1984. However, no post in science faculty was sanctioned and as such, to meet the exigency of the situation, petitioners and others were appointed as ad hoc lecturers, as it was practised in almost all the Universities in the State of Bihar, where appointment of lecturer was not made for years together and due to shortfall of the teachers, teaching was adversely affected.