Avinash Vasudeo Kulkarni vs Visvesaraya Regional College Of ...
2017 Latest Caselaw 3019 Bom

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   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             NAGPUR BENCH, NAGPUR

                   Writ Petition No.3700 of 2000


  Shri Avinash s/o Vasudeo Kulkarni,
  Aged about 50 years,
  Occupation - Nil,
  R/o Pande Layout,
  Khamla, Nagpur.                                  ... Petitioner

       Versus

  1. Visvesaraya Regional College of
     Engineering,
     through its Principal,
     Abhyankar Nagar, Nagpur.

  2. Nagpur University,
     through its Registrar,
     Nagpur.

  3. The State of Maharashtra,
     through its Secretary,
     Technical Education,
     Nagpur.                                       ... Respondents


  None for Petitioner and Respondent No.2.
  Smt. U.A. Patil, Advocate for Respondent No.1.
  Shri   V.P.   Maldhure,   Assistant   Government   Pleader   for 
  Respondent No.3.




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                Coram : R.K. Deshpande & Mrs. Swapna Joshi, JJ.

th Dated : 9 June, 2017

Oral Judgment (Per R.K. Deshpande, J.) :

1. The relief claimed in this petition is to direct the

respondents to deposit the amount of arrears of the 5th Pay

Commission, to which the petitioner is entitled, along with

interest at the rate of 16% per annum.

2. The appointment order dated 13-4-1999 placed on

record shows that the petitioner was appointed on purely

temporary basis (ad hoc basis) as a Lecturer in the vacant post in

the initial pay of Rs.2200/- per month, in the scale of

Rs.2200-75-2800-100-4000 from the date of joining the duties.

The tenure of the appointment of the petitioner is shown to be

from 10-4-1999. The certificate at Annexure-B to the petition

indicates that the petitioner was working intermittently from

21-1-1997 till 7-1-1999 on purely ad hoc basis as a Lecturer in

Metallurgical Engineering Department in the respondent No.1-

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College.

3. The reliance is placed upon the Government Resolution

dated 10-12-1998 at Annexure-C to the petition, and the another

Government Resolution dated 30-9-1999 at Annexure-D to the

petition. Annexure-D indicates the scale of

Rs.2200-75-2800-100-4000, which has already been granted to

the petitioner. So far as the Government Resolution

dated 10-12-1998 is concerned, it has been issued in exercise of

the power conferred by Article 309 of the Constitution of India,

framing the Maharashtra Civil Services (Revised Pay) Rules,

1988. Obviously, the service under the respondent No.1-College

was not a service under the State Government. Hence, the rules

framed by the notification dated 10-12-1998 are not applicable.

There is no other document placed on record, which makes the

petitioner an ad hoc employee to get the revision in the scale of

pay as per the recommendations of the 5th Pay Commission.

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4. In view of above, we do not find any substance in this

petition. The same is dismissed. Rule stands discharged. No

order as to costs.

                         JUDGE                                        JUDGE

   Lanjewar