Z.A. Haq, J.

1. Heard Shri R.L. Khapre, learned Advocate for the petitioners and Shri N.W. Sambre, learned Government Pleader for respondents.

2. Rule. Rule made returnable forthwith.

3. The petitioners are Lecturers in different departments of Government Polytechnic in the State of Maharashtra. The petitioners have been appointed as per the policy of the Government of Maharashtra incorporated in the Government Resolution dated 25th July, 2002 as modified by the Government Resolution dated 2nd August, 2003 and 3rd October, 2003. The grievance of the petitioners is that though they have been in the employment of the respondents for a period ranging from three years to ten years, they are not given permanency and the benefits of permanent appointment.

4. The Finance Department of the Government of Maharashtra had imposed a ban on recruitment in all the departments since 1998. In view of the ban, the appointments were not made in Government and nongovernment aided educational institutions which adversely affected the education of the students. In 2001 – 2002 permission was granted to fill 50% to 2/3rd teaching posts but the posts could not be filled and in the academic year 2002 – 2003, 6453 teaching posts were vacant. In order to avoid the adverse effect on the education of the students, the Government of Maharashtra issued resolution dated 25th July, 2002 by which permission is granted to fill 2/3rd teaching posts in Technical and Higher-technical Education Department on temporary contractual basis.

5. The respondents had issued notification dated 25th August, 2003 inviting the applications from eligible candidates for the posts of Lecturers in Government Polytechnic in the State of Maharashtra. As per the notification, the appointments were to be made on contract basis for the period of two years or until the candidates nominated by the Maharashtra Public Service Commission were available. The Government of Maharashtra had issued the resolution dated 2nd August, 2003 constituting the Selection Committee for appointment of the Lecturers in the Government Polytechnics and the composition of the Selection Committee was as follows :-

(i) Joint Director, Technical Education Divisional Office – Chairman.

ii) Lady representative – Member,

iii) Principal of concerned Institute – Member Secretary,

iv) Representative of backward classes (Engineering Graduate) – Member.

v) Subject Experts (2) – Member.”

6. The petitioners had submitted the applications pursuant to the notification dated 25th August, 2003 and all the candidates who had applied for the posts, including the petitioners, were interviewed and the selections were made. At the time of the appointment, the petitioners were given a lumpsum monthly pay package and their appointment was for the period of two years. The respondent no.2 – the Director of Technical Education issued the order dated 26th October, 2005 and continued the Lecturers whose names are mentioned in the order for a further period of two years till 26th October, 2007 however, with the rider that the continuation will be till the regularly selected candidates are available.

The Lecturers who were appointed on contractual basis submitted a charter of their demands to the Government of Maharashtra, which was considered by the Government of Maharashtra and it was directed that those Lecturers will be continued in service on contractual basis after giving a technical break of 4 to 5 days, until the candidates regularly selected by the MPSC are available. Thirty days leave was also sanctioned for these contractual employees by the Government by resolution dated 18th February, 2006. The monthly salary of these contractual employees was increased from Rs.8,000/- to 12,000/- in case of Lecturers, from Rs.12,000/- to Rs.16,000/- in case of Assistant Professors and from Rs.16,400/- to Rs.20,000/- in case of Professors.

In due course Directorate of Technical Education had submitted the proposal on 11th Au