Case Note & Summary
The petitioner, Atul Vishnupant Deshpande, filed a writ petition before the Bombay High Court seeking relief against the Municipal Council, Gondia, and other respondents. He sought continuation in service as a Lecturer in Mathematics in the Junior College run by the Municipal Council, Gondia, until a candidate duly selected by the Regional Subordinate Selection Board is made available, and further for placing him in the pay scale of Rs. 2000-3200. The petitioner possessed a postgraduate degree in Science with B.Ed. and a Postgraduate Diploma in Computer Application. He was initially appointed as an Assistant Teacher on 27th August 1992 for a period of sixty days, or till the candidate duly selected by the Regional Subordinate Selection Board is made available. His appointment was continued on similar terms on 30th August 1992, and from 22nd November 1993 he was continued up to 30th April 1994. On 16th August 1994, the order of appointment was modified, and the petitioner was asked to teach Mathematics in Junior College classes in the pay scale of Rs. 2000-3200 on ad hoc basis. His appointment was further continued by orders dated 22nd November 1994 and 25th August 1995 for specific periods, with technical breaks. The petitioner's counsel argued that the petitioner should be allowed to continue till a regularly selected candidate is made available. The court, after hearing the parties, held that the petitioner is entitled to continue in service till a candidate duly selected by the Regional Subordinate Selection Board is made available, and directed that the petitioner be paid in the pay scale of Rs. 2000-3200. The writ petition was allowed accordingly.
Headnote
A) Service Law - Ad Hoc Appointment - Continuation Till Regular Selection - Petitioner appointed as Assistant Teacher on ad hoc basis for 60 days or till regularly selected candidate available - Court held that such appointment cannot be terminated without regular selection being made - Held that the petitioner is entitled to continue till a regularly selected candidate is made available (Paras 2-6). B) Service Law - Pay Scale - Ad Hoc Teacher - Petitioner appointed as Lecturer in Mathematics in Junior College in pay scale of Rs. 2000-3200 on ad hoc basis - Court directed that petitioner be paid in the said pay scale (Paras 4-6).
Issue of Consideration
Whether the petitioner, appointed on ad hoc basis as a Lecturer in Mathematics in a municipal junior college, is entitled to continue in service till a regularly selected candidate is made available by the Regional Subordinate Selection Board, and whether he is entitled to the pay scale of Rs. 2000-3200.
Final Decision
The writ petition is allowed. The respondents are directed to continue the petitioner in service as a Lecturer in Mathematics in the Junior College run by the Municipal Council, Gondia, till a candidate duly selected by the Regional Subordinate Selection Board is made available, and to pay the petitioner in the pay scale of Rs. 2000-3200.
Law Points
- Ad hoc appointment
- continuation till regular selection
- temporary teacher
- municipal school
- pay scale
