Sachhit Padmakar Joshi vs State of Maharashtra and Others

H.W. Dhabe, J.—Parties by counsel. Rule. Heard forthwith.

The petitioner is working as part time Lecturer in the M. M. College of Science, Umrer Road, Nagpur run by the respondent No. 3. His grievance in this writ petition is that since the respondent No. 4 is insisting upon the norms for calculating the work-load as laid down by the adhoc committee of the Nagpur University which appear to have been approved by the government as stated by him in his letter dated 5.7.1991, the workload of the full Time Lecturer in the subject of Geology is not being properly calculated, although there are judgments of this Court that the workload has to be calculated in accordance with the resolutions and norms laid down by Executive Council of the Nagpur University. The submission is that, if the workload is properly calculated in accordance with the norms laid down by the Executive Council; of the Nagpur University, the petitioner can be absorbed as Full Time Lecturer in the College of the respondent No. 3. The petitioner has, therefore, claimed the relief in the instant writ petition that he should be appointed as Full Time Lecturer in Geology with effect from 9.9.1989, from which date, the monetary benefits arising out of the appointment as Full Time Lecturer should be allowed to him.

As regards the question about the norms of workload, it is not understandable why again and again, the government is insisting upon the norms laid down by the adhoc committee of the University to be followed in the matter when by several decisions of this Court, it has been settled that the workload has to be determined in accordance with norms laid down by the Executive Council of the Nagpur University. The first judgment on the question is in Writ Petition No. 1518 of 1983 Sharad v. State of Maharashtra & Ors. Decided on 10.1.1985 following this judgment is the judgment in Writ Petition No. 2531 of 1985 with Writ Petition No. 2532 of 1985 and Writ petition No. 2533 of 1985 Harichandraj Jethmal Gandhi v. State of Maharashtra & Ors. decided on 29.8.1986. The third judgment in this regard is in Writ Petition No. 148 of 1993 Local Managing Committee of Jagdamba Mahavidyalaya v. presiding Officer & Ors. rendered on 25.2.1993 There is yet another judgment of this Court on the same question in Writ petition No. 2099 of 1985 Mrs. Prabha v. State of Maharashtra, rendered on 4.9.1986. It is thus clear that the norms laid down by the Executive Council of the Nagpur University as per its resolution dated 27.3.1979 fixing the workload of the teachers are binding upon the State and the College Management.

It is in accordance with the said resolution that the Registrar, Nagpur University has addressed a letter dated 21.8.1990 to the College Management that the workload in the subject of Geology should be fixed on the basis of six periods of theory and six periods of practicals for each batch of the students for B. Sc. Part I, B. Sc. Part II and B. Sc. Part III. It is therefore, necessary, that the number of posts of the Full Time Lecturers in the subject of Geology need to be determined after calculation of the workload on the above basis. If it is calculated on the above basis, there is no dispute that there can be at least one post of Full Time Lecturer which can be created in the College. However, as regards the claim made by the petitioner that the said post should be deemed to have been created with effect from 9.9.1989 from which date he should be granted all the monetary benefits of the said post, it is not possible for us to grant such a relief, because actually the petitioner has worked as Part Time Lecturer uptil now with the workload of the Part Time Lecturer and therefore, since he has not been assigned the workload of the Full Time Lecturer his prayer for monetary benefits with effete 9.9.1989 cannot be granted, however, there is force in the submission made in behalf of the petitioner that such a full time post of a Lecturer in Geology should be immediately created, in which his claim for appointment in accordance with the rules applicable to the said post should be considered.

In the result, the instant writ petition partly succeeds. The respondents concerned shall determine the workload of the Lecturer in Geology in the College of the respondent No. 3 on the basis the letter of the Registrar, Nagpur University dated 21.8.1990 i.e., on the basis of six periods of theory and six periods of practicals for each batch of the students for B. Sc. Part-I, B. Sc. Part-II and B. Sc. Part-III. Since on calculation of the workload upon the above basis an additional post of Full time Lecturer in Geology can be created, the respondents are directed to do so and also to consider the claim of the petitioner for appointment in the said post in accordance with the relevant rules applicable to it.

Rule made absolute in the above terms.

No costs.