JUDGMENT :

(1.) In this petition which is filed under Article 226 of the Constitution of India, the petitioner had prayed for the following reliefs :

"(A) Be please to admit and allow this petition;

(B) Be please to issue a writ of mandamus and/or certiorari or a writ in the nature of mandamus and/or certiorari or any other appropriate writ, order or directions;

(i) To declare that action on the part of the respondent authorities in terminating the services of the petitioner with effect from 26.02.2003 is illegal, arbitrary and against the provisions of law and amounts to disobedience of the order passed by the Hon'ble High Court in Special Civil Application No.1286 of 1988 and hence, this Hon'ble court may be pleased to quash and set aside the termination order dated 26.02.2003;

(ii) To declare that petitioner is entitled to continue as confirm Lecturer in Micro-Biology and she may be treated as continued as a Lecturer after the date of her conversion as lecturer by the respondent authorities vide Annexure-C and respondent authorities may be directed to protect the pay-scale and to pay her salary in the regular pay scale for the post of lecturer after adding yearly increments;

(iii) Directing the respondent authorities to treat the petitioner continuing in the services as lecturer from the date of her conversion vide Annexure-C as such further directing the respondent authorities to pay to her the salary in the regular pay scale applicable to the lecturer revised from time to time and to extend to her the benefits of the said pay scale and emoluments all throughout till date and further to give benefits of special increments since the petitioner is Ph.D. as if she has been continued in service.

(iv) Directing the respondent to accord to the petitioner seniority, confirmation and all other benefits including back wages from the date of her termination till the date of her actual continuing in service as lecturer and also the difference of back wages which is at present paid and the petitioner is entitled to receive as per her seniority on the basis of her continuous service from the date she came to be converted as lecturer.

(BB) This Hon'ble Court may be pleased to issue writ of mandamus or any other appropriate writ, order or direction to the respondents to fix and pay all the pensionary and retiral benefits along with consequential benefits to the petitioner forthwith and further be pleased to direct the respondent to pay the arrears with interest at the rate of 12% per annum.

(BBB) This Hon'ble Court may be pleased to issue writ of mandamus or any other appropriate writ, order or direction to initiate proceedings against the respondent no.4 including departmental inquiry.

(C) Pending admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to restrain the respondent-authority from taking any decision whereby the rights of the petitioner are adversely affected and further be pleased to direct the respondents to pay the salary as per the last salary drawn i.e. basic pay of Rs.11,300/- and other allowances in the month of February, 2003 and consequential benefits applicable thereto.

(CC) Pending hearing and final disposal of this petition, this Hon'ble Court may be pleased to direct the respondents to fix and pay the provisional pension along with all retiral benefits.

(D) Pending admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to direct the respondent-authorities to decide the representations of the petitioner produced at Annexure-R and S to this petition and further be pleased to direct the respondent-authorities to place the said decisions on the record of this petition;

(E) xxxx"

(2.) Heard learned advocate Mr.A.D.Oza for the petitioner and learned AGP Mr.Rohan N Shah for respondent nos.1,3 and 4. Though served, none appears for respondent nos.2 and 5.

(3.) Learned advocate for the petitioner submits that the petitioner is possessing qualification of M.Sc.Ph.d.