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2016 Supreme(Guj) 1884

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.B. Pardiwala, J.
Acharya Madhavi Bhavin & Ors. - Petitioners
Vs.
State of Gujarat & Anr. - Respondents
Special Civil Application Nos. 8152, 8154, 7325 of 2015; 11717 of 2012; 3582 of 2016
Decided On : 07-09-2016

Advocates Appeared:
For the Petitioners: Mr. K.B. Pujara, Mr. Nikul K. Soni, Mr. D.C. Dave, Mr. P.A. Jadeja
For the Respondents: Mr. P.K. Jani, Mr. Utkarsh Sharma

JUDGMENT :

J.B. Pardiwala, J.

Since the issues raised in all the captioned writ applications are more or less the same, those were heard analogously and are being disposed of by this common judgment and order.

2. For the sake of convenience, the Special Civil Application No. 8152 of 2015 is treated as the lead matter.

3. By this writ application under Article 226 of the Constitution of India, the writ applicants, serving as the ad hoc Lecturers in the Government Engineering Colleges and Government Diploma Engineering Polytechnics, have prayed for the following reliefs:

“16(a) to direct the respondents, their agents and servants to treat the petitioners, who are appointed as ad-hoc Lecturers in the Government Degree Engineering Colleges and Government Diploma Engineering Polytechnics after May-2008, at par with the ad-hoc Lecturers appointed in the said colleges and polytechnics before May-2008, and to grant them the Pay and Pay-scales and Annual increments and all other benefits at part with them, with effect from the dates of their initial appointments and to direct the respondents to give all the consequential benefits to the petitioners, including the monetary benefits and arrears together with interest at the rate of eighteen percent per annum;

(b) to direct the respondents to regularise the petitioners' services and to confer the benefit of permanency on them on the posts of Lecturers held by them in the Government Degree Engineering Colleges and Government Diploma Engineering Polytechnics, and to give all the consequential benefits with effect from the date of filing of this petition;

(c) to direct the respondents to forthwith frame and implement the scheme to relax the age and to select the qualified and experienced adhoc Lecturers through a limited competitive examination, as suggested/directed by the Hon'ble Division Court in its order dtd. 24-3-2011 passed in LPA No. 2986/2010 (Coram: S.J Mukhopadhaya, CJ and J.B Pardiwala, J);

(d) to direct the respondents, their agents and servants not to terminate the services of the petitioners and not to alter their service conditions in any manner adverse to them until all the sanctioned vacancies of Lecturers in the Government Degree Engineering Colleges and Government Diploma Engineering Polytechnics are duly and fully filled up by the candidates selected and recommended by GPSC in accordance with the norms of Pupil-Teacher Ratio laid down by AICTE;

(e) to quash and set aside the term and condition no. 2 of the G.R. dtd. 10-8-2010 and G.R dated 2-8-2011 whereby the benefits of revision of the pay-scales as per the said G.Rs are denied to the teachers appointed on fixed pay and contractual posts, and be further pleased to direct the respondents to grant the said benefits to the petitioners w.e.f 1-1-2006.w.ef. From the date of the petitioners initial appointment as has been granted to all other Lecturers of Government Degree Engineering Colleges and Diploma Engineering Polytechnics.

(f) to direct the respondents to give uniform treatment to all the adhoc lecturers at par with the adhoc lecturers appointed prior to May, 2008 in the matter of issuance of monthly salary-slips, religious holidays, quarters, vacations, leaves, permission of higher studies of M.E and other courses and in all other matters;

(g) to direct the respondents, their agents and servants to give all the benefits as per the circulars dated 15-10-1992 and 20-7-1999 as are being granted to the adhoc lecturers appointed prior to May-2008.

(h) Pending the hearing and final disposal of this petition, be pleased to restrain the respondents from terminating/discharging the petitioners and/or from altering their service conditions in any manner adverse to them, until all the sanctioned vacancies of Lecturers in the Government Degree Engineering Colleges and Government Diploma Engineering Polytechnics are duly and fully fi














































































































































































































































































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