Atui Son v. Municipal Council

ORAL JUDGEMENT: [Per J.N Patel, J.]

1. Heard.

2. The petitioner approaches this Court for seeking a relief against the respondents, and particularly Respondent No. 1 - Municipal Council, Gondia, 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 further for placing him in the scale of Rs. 2000-3200/-.

3. The petitioner possesses a post-graduate degree in Science with B.Ed, and a Post-graduate Diploma in Computer Application.

4. On 27th August, 1992, the petitioner was appointed as Assistant Teacher for a period of sixty days, or till the candidate duly selected by Regional Subordinate Selection Board is made available. He was further appointed on the same terms and conditions on 30 August, 1992, and from 22nd November, 1993, he was continued in service up to 30 April, 1994.

5. On 16 August, 1994, the Order of appointment came to be modified, and the petitioner was asked to teach the subject of Mathematics in Junior College classes in the pay-scale of Rs. 2000-3200/- on ad hoc basis. The petitioner's appointment was further continued by an Order, dated 22 November, 1994 and thereafter on 25 August, 1995, he was appointed for the period from 28 July, 1995 to 20 October, 1995, and his appointment was continued on ad hoc basis with technical breaks.

6. The learned Counsel for the Petitioner submits that the petitioner restricts his claim only to the salary to which he was entitled as a ad hoc appointee, and has factually worked as such.

7. We, therefore, find no legal impediment in the way of the petitioner in claiming salary for the period he has actually served in the Junior College run by Municipal Council, Gondia, as a Lecturer to teach Mathematics.

8. We, therefore, direct the Respondent Nos. 1 and 2 to pay to the petitioner the salary to which he is entitled, for the period he has worked as a Lecturer in the Junior College run by Respondent No. 1 - Municipal Council, if the same is not already paid to him. We further make it clear that the petitioner will only be entitled to the salary which is payable to an ad hoc teacher by the Municipal Council.

9. The petition stands disposed of accordingly with no order as to costs.