Back
A. S. SUPEHIA, MAUNA M. BHATT
VAGHRI ASHOKBHAI BABUBHAI – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
A.S. SUPEHIA, J.
1. Admit. Mr. Sahil Trivedi, learned AGP waives service of notice of admission on behalf of respondent No. 1 and Mr. Chaitanya Joshi, learned advocate waives service of notice of admission on behalf of respondent No. 3.
2. With the consent of the learned advocates for the respective parties, the matters are taken up for final hearing today.
3. There are multiple prayers made by the appellants – original petitioners in the writ petitions. The same are as under:
(B) This Hon’ble Court may be pleased to issue an appropriate writ of mandamus or any other appropriate writ order or direction to respondents to regularise the service conditions of the present petitioners and to confer the benefit of permanency on that post of Lecturers held by them in different Government Colleges and to give them all consequential benefits with effect from filing of this petition.
(C) This Hon’ble Court may be pleased to issue an appropriate, writ order or direction to direct respondents, their agents and servants not to terminate the service of the present petitioners in any manner.
(D) This Hon’ble Court
Regularization of employment and entitlement to pay scales are contingent upon specific qualifications and conditions, not merely on the performance of similar duties.
The court reinforced that contractual lecturers cannot claim equal pay as ad-hoc or regular professors due to foundational differences in recruitment, duties, and pay structure, thus affirming the pr....
Temporary or contractual employees lack legal entitlement to regularization unless appointed through lawful selection processes as established by precedent.
The court ruled that the failure to pay minimum time scale to mentors and not creating regular posts was arbitrary, violating the principle of equal pay for equal work.
The resolution dated 27.04.2011 will have no retrospective effect, and appointments made pursuant to the resolution dated 15.04.2010 will be governed by the conditions as mentioned therein.
Prolonged temporary appointments can establish grounds for regularization and equal pay for equal work, emphasizing adherence to university regulations.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
