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Judgment
Sonia Gokani, J
This is a group of applications, preferred under Article 215 of the Constitution of India, read with the provisions of the Contempt of Courts Act,
1971, being aggrieved by non-action on the part of the opponents, which, according to the applicants, is deliberate and willful. The grievance on the
part of the applicants is that they were posted as permanent faculties, upon their clearing Gujarat Public Services examination, but, they have been
denied the benefits of Sr. Pay Scale, Selection Grade and other service benefits, including the benefit of pension. It is also their grievance that the
services rendered by them as ad hoc lecturers is not being counted for extending the benefits of Sr. Pay Scale, Selection Grade, pension etc.. It is,
further, their grievance that in other faculties, such as arts, commerce, medical etc., the lecturers have been given the benefits of such ad hoc
services, and therefore, they had chosen to approach this Court by filing Special Civil Application No. 3437 of 2019 and the allied matters, where, this
Court, noticing that the competent authority had not applied its mind to the grievances of the petitioners- applicants and also had not responded to the
same, directed the petitioners-applicants to approach the opponents-authorities, without expressing anything on the merits of the matters, directed the
authorities concerned to consider the aspect of counting their service period as ad hoc lecturers and grant them the benefits of Sr. Pay Scale,
Selection Grade and other service benefits, including the benefit of pension. The respondent-authorities were directed to take such a decision within a
period of 10 weeks from the date of receipt of a copy of the order.
The applicants have approached this Court, since, there had been no response from the opponents, who chose not to take any decision within the
stipulated time period.
2.1 We issued notice on 22.07.2020, where, the learned GP had sought time to seek instructions and as per her request, the matter is kept, today. A
communication has been received by the applicants from the Education Department, Dated: 27.07.2020, where, it has denied their representation,
stating that the request on the part of the applicants cannot be acceded to of counting their service period as ad hoc lecturers for the purpose of
granting them the the benefits of Sr. Pay Scale, Selection Grade and other service benefits, including the benefit of pension, since, the same is contrary
to the permanent policy of the government.
We have heard the learned Advocate, Mr. Qureshi, for the applicants, who has fervently urged that the communication, Dated: 27.07.2020, neither
expressly explains nor does it discuss or provide any reason as to why the request of the applicants has been denied. He also has made a grievance
that some discussion had taken place, so far as the aspect of pension is concerned, however, on all other aspects, like selection grade, sr. pay scale
etc., there is not even a whisper found and in a slip shod manner, abruptly the order dated 27.07.2020 came to be passed, knowing fully-well that the
opponents have failed to comply with the directions of this Court within the stipulated time of 10 weeks.
3.1 He also, further, has submitted that had there been some discussion or elaboration on the part of the opponents that would also show a way to the
applicants to agitate those issues before the appropriate forum, as they have been denied their valuable rights all these years.
Learned AGP, Mr. Kanara, appearing for the opponent-State has urged that the decision has already been taken and communicated by the
competent authority, which has chosen not to accede to the request of the applicants. The order may be brief, according to him, but, it speaks
emphatically what the State needed to convey. He, further, urged that there is nothing further that needs to be added by way of affidavit-in-reply,
since, the order speaks for itself.
We have heard the learned Counsels on both the sides and also have noticed the communication dated 27.07.2020 and we do see the point that the
order is very brief, with virtually no reasonings, except, that accepting the plea of the applicants would tantamount to acting contrary to the permanent
policy of the State and therefore, it cannot accede to the of the applicants of counting the period of their services as ad hoc lecturers. Since, the
applicants have approached this Court in contempt jurisdiction, any grievance with regard to the merits is not the domain of this Court. They can
agitate all these issues, including the lack of reasonings before the appropriate forum, which shall look into the same.
Resultantly, all these applications are being DISPOSED OFF, with the expression of displeasure that on various occasions,when the State is being
directed to take into consideration the representations, as may be made by the parties, by stipulating the time period and therefore, the authorities
concerned are EXPECTED to consider the same within the time bound period, rather than relegating the parties from pillar to post. In the instant case,
it is only after the applicants moved this Court for the contempt that the order dated 27.07.2020 is passed. That too, in the matters, where, the learned
GP had ensured to look into the matters and before the returnable date, the communication is received by the applicants.
No order as to costs.