ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK)

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 22.03.2017 passed by the learned Single Judge in Special Civil Application No.6155 of 2012, the appellant – original petitioner has preferred this appeal under clause 15 of the Letters Patent Appeal.

2. Brief facts giving rise to the present appeal are as under:-

2.1 It is the case of the appellant that he was appointed as lecturer in respondent no.3 – college on 25.12.1993 and the North Gujarat University approved the appointment of the appellant by passing order dated 07.01.1994.

2.2 It is the case of the appellant that the State Government, Education Department issued notification dated 05.09.1997 declaring the law colleges within the State of Gujarat as granted colleges w.e.f. A.Y. 1996-1997 and the law colleges were provided grant-in-aid from 1996-1997.

2.3 That the State Government issued notification dated 24.03.2000 approving the appointment of lecturers in the law colleges and the appointment of the appellant as full time lecturer with respondent no.3 – college was approved. The Commissioner of Higher Education passed an order dated 15.07.2000 included teaching and non-teaching staff of the granted law colleges in the scheme of direct payment, however, the appellant was not included in the said scheme on the ground that he had not deposited the Sanad with the Bar Council.

2.4 That on 24.10.2000, the State Authority issued the resolution wherein in para-4(i) it is stated that “members of the existing staff recruited before 15.6.1996 and those staff who have retired on or after 15.6.1996 and prior to the date of issue of this resolution should exercise their option within the period of ninety days from the date of this resolution either to continue in Contributory Provident Fund Scheme or to come under this scheme. The option once exercised shall be final”. It is also stated in the said resolution in para-4(iii) that “the amount of contribution paid by the management of Non-Government aided law colleges together with interest thereon standing at the credit of the member of staff opting for pension scheme, after they exercise their option for pension scheme should be credited to the State Government within a period of two months under the head of account “071 – Contribution and Recoveries towards pension and other retirement benefits” after the correctness of amount is verified and certified by the Commissioner of Higher Education”.

2.5 It is also the case of the appellant that the appellant preferred Special Civil Application No.8514 of 2000 before this Court challenging the order dated 15.07.2000 passed by the Commissioner of Higher Education and this Court vide order dated 12.12.2000 issued notice and granted ad-interim relief.

2.6 That the State of Gujarat had preferred Letters Patent Appeal No.173 of 2003 challenging the order dated 12.12.2000 before the Division Bench of this Court and the Division Bench of this Court vide order dated 24.04.2003 disposed of the appeal and permitted the appellant to withdraw the said petition and make a representation to the respondents for the purpose of full payment during the period from June 2000 to the date of surrendering the Sanad. The appellant surrendered the Sanad on

22.06.2003 with the Bar Council of Gujarat.

2.7 On 16.07.2004, the ofÏce of the Commissioner of Higher Education passed the order and directed payment of pay and other allowances to the appellant from the grant w.e.f. June 2000 and included him under the direct pay scheme w.e.f. June 2004. and paid arrears of pay and deducted provident fund from arrears of pay from June 2000. The respondent no.2 has written a letter dated 02.08.2004 to the respondent – college regarding allotment of new GPF account number of the appellant. The ofÏce of the Higher Education Commissioner has passed an order on 31.08.2004 regarding payment of arrears of pay from June

2000 to May 2004 to the appe