High CourtsDivision Bench(2010) 05 AHC CK 0074

Rajpal Singh and Others vs Vice Chancellor, Dr. Bhim Rao Ambedkar University and Others

Allahabad High Court · Decided on 26 May 2010

HON’BLE JUDGES
Uma Nath Singh, J · S.N.H. Zaidi, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 695 (SB) of 2010

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Judgment

6 paragraphs · 308 words
1.

Shri Anurag Verma, learned Counsel, puts in appearance on behalf of opposite party Nos. 1 and 2.

2.

Heard learned Counsel for parties and perused the pleadings of writ petition.

3.

Learned Counsel for petitioners submitted that the petitioners were appointed as teachers on honorarium basis in terms of a Govt. Order, but they are not being given a regular pay scale like the teachers who are working in similar colleges getting grant-in-aid or fund from the Government. Thus, the petitioners have been unreasonably deprived of the same pay for same work.

4.

On the other hand, Shri D.K. Upadhyay, learned Chief Standing Counsel, submitted that the prayers in the writ petition deserve to be declined for the reasons that the petitioners are working in private colleges and the rules for regular payment as well as regularization of services under Govt. Orders or the Act governing the services of teachers of the colleges getting grant-in-aid would not be applicable in this case. Moreover, Shri Upadhyay also submitted that the petitioners have not contacted the college management for redressal of their grievances and in the facts and circumstances of this case a writ can not be issued by this Court because the private colleges are not a State within the meaning of Article 12 of the Constitution.

5.

We do not find valid grounds to appreciate the submissions of learned Counsel for the petitioners for the reasons that it would be a reasonable classification to grant a regular pay scale on fulfilling the necessary eligibility to the teachers of Government colleges or such other colleges which are getting grant-in-aid or Government aid, however, the same would not be admissible in the case of teachers of private institutions/colleges being run with private funding and by private managements.

6.

Thus, this writ petition, being devoid of merit, is hereby dismissed.