Case Note & Summary
The petitioner, Shri Shishir Vasant Sindekar, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, challenging Government Resolutions dated 19th July 2003 and 2nd August 2003, which denied approval to his appointment as a permanent full-time Lecturer in Economics at B.Y.K. College of Commerce, Nashik, run by the Gokhale Education Society. The petitioner also sought consequential benefits including time scale of pay. The petitioner was initially appointed as a temporary full-time Lecturer on 10th August 1994 for the academic year 1994-95. He continued to be appointed each year until 1999. In 1999-2000, he was selected by a duly constituted Selection Committee for a clear vacancy in the open category and appointed on probation for two years. The University of Pune granted approval to his appointment. However, the Joint Director of Higher and Technical Education, Pune, denied approval citing non-compliance with Government Resolutions that required appointment through the Employment Exchange. The petitioner argued that the Government Resolutions were contrary to the University Ordinances, which did not mandate such a condition, and that he had been continuously working since 1994. The respondents contended that the appointment was not made through the Employment Exchange and therefore could not be approved. The court analyzed the University Ordinances and found that they did not require appointment through the Employment Exchange. The court held that the Government Resolutions could not override the University Ordinances and that the denial of approval was arbitrary and illegal. The court allowed the petition, quashed the impugned Government Resolutions, and directed the respondents to grant approval to the petitioner as a permanent full-time Lecturer with all consequential benefits, including time scale of pay from the date of his initial appointment.
Headnote
A) Service Law - Appointment of Lecturer - Approval - Government Resolution vs. University Ordinances - The petitioner was appointed as a full-time Lecturer in Economics by the respondent society in its college, initially on temporary basis and later selected by a duly constituted Selection Committee for a clear vacancy on probation. The University granted approval to the appointment. However, the Government Resolution dated 19th July 2003 and 2nd August 2003 denied approval on the ground that the appointment was not made through the Employment Exchange. The Court held that the Government Resolution cannot override the University Ordinances, which do not require such a condition. The denial of approval was arbitrary and illegal. (Paras 1-10) B) Service Law - Time Scale of Pay - Entitlement - The petitioner sought time scale of pay from the date of his initial appointment. The Court held that since the petitioner was appointed in a clear vacancy and completed probation, he is entitled to time scale of pay from the date of his initial appointment as per the University Ordinances. (Paras 11-12) C) Service Law - Approval of Appointment - Permanent Status - The petitioner was appointed as a full-time Lecturer in a clear vacancy after being selected by a Selection Committee. The University granted approval. The Court held that the petitioner is entitled to be treated as a permanent full-time Lecturer and granted approval accordingly. (Paras 13-14)
Issue of Consideration
Whether the Government Resolution dated 19th July 2003 and 2nd August 2003, which denied approval to the petitioner's appointment as a permanent full-time Lecturer, is valid and whether the petitioner is entitled to approval as a permanent full-time Lecturer with consequential benefits including time scale of pay.
Final Decision
The petition is allowed. The impugned Government Resolutions dated 19th July 2003 and 2nd August 2003 are quashed and set aside. The respondents are directed to grant approval to the petitioner as a permanent full-time Lecturer in Economics with all consequential benefits including time scale of pay from the date of his initial appointment.
Law Points
- Government Resolution cannot override University Ordinances
- Approval of appointment cannot be denied on ground of non-compliance with Government Resolution if University Ordinances are complied with
- Right to be considered for permanent approval after completion of probation period
- Time scale pay entitlement from date of initial appointment
