1992 Supreme(Guj) 124

Gujarat High Court
Judgename :A.N.Divecha
Babubhai Ranchhodbhai Patel - Appellant
Versus
STATE - Respondent
S.C.A. 4882 of 1987
Decided On : 05/04/1992

Headnote:

Constitution of India – Article 226 – Article 16, 32 – Employment exchange - Petitioner obtained his graduation from the faculty of Arts with Hindi as his special subject from the Gujarat university in 1972 with flying colours – He got his first class thereat successfully completed his post graduation again in Hindi from same university in 1974 with second class –– He obtained his degree from Gujarat University in 1984 again with first class – At his graduation course in he opted for Hindi and gujarati as his special methods – He appears to have got his name registered with the Employment Exchange – He received some call letter from it for post of Lecturer in Hindi – He was interviewed therefore and was appointed as such with effect from by one Notification of issued by respondent No. 2 herein – Its copy is at Annexure-A to this petition – It may be mentioned that he was appointed against a clear vacancy as transpiring from Notification at annexure-A. Surprisingly enough he was given appointment for a period not exceeding months or till a Public service Commission selected candidate became available whichever occurred earlier – He was given such appointment orders from time to time last Notification is at Annexure-F to this petition – No date appears to have been mentioned however told by for petitioner at Bar that and that its date is indicated in the index page and also in Para 4 of the petition – It becomes clear on perusal of all these Notifications that his appointment was made against a clear vacancy and was for a period not exceeding 12 months or till a Public service Commission selected candidate become available whichever occurred earlier – He appears to have become surplus with introduction of new pattern of education of district Education Officer at surendranagar by his communication requested concerned principal of each non-Government school presumbaly in District to absorb the teachers named therein on the ground that they became surplus from introduction of new pattern of education – Its copy is at annexure-H to this petition – Petitioners name figures therein at serial number – It appears that petitioner was given employment in school represented by Respondent No. 3 herein with effect – It may be mentioned that according to petitioner in his college service he was getting the pay-scale – Held, It is true that petitioner has approached this Court quite belatedly – He has voiced his grievances against his ad hoc appointment by way of stop-gap arrangement under notifications at annexures A to F to this petition for first time in this petition – His grievances are certainly found to be genuine. But then there is no escape from the conclusion that they are belatedly made. Similarly, he accepted his present position as a teacher way back – It appears that he did not approach this court for his entitlement of benefits under the Government Resolution at Annexures i, J and K to this petition soon after he was informed by one letter of that he was not entitled to such benefits as averred by him in para 10 of his petition. In that view of the matter, he need not be given full benefits of arrears from the date he became entitled to as such interests of justice will fully be met if it is directed that his entitlement as a surplus teacher under the Government Resolutionns at annexures I, J and K be notionally fixed from the date he became surplus and should actually be given on the basis of his continuous service from the date of this petition may be mentioned at this stage that petitioner has been serving in school represented by respondent No. 3. This respondent school has no objection against acceptance of this petition by this court and grant of relief claimed by him in his petition indicating that school has to pay to its teachers in accordance with grant received from State government – It is an admitted position that State Government pays 100 per cent grant towards the salary of higher secondary school teachers –Petition is allowed.