DHIRAJLAL B PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has been appointed under the order dated 9-8-1974 on the post of Demonstrator, Botanical Garden Division, of the Government Ayurvedic Pharmacy College at Rajpipla. The appointment of the petitioner has been made as per the rules of the respondent no.1 named as Demonstrator (Government Ayurvedic Pharmacy College) Recruitment Rules, 1974.

(2.) The petitioner has come up with a case that the appointment of the petitioner is on a teaching post of the Government Ayurvedic College and since the date of his appointment he is attending his duties of teaching in the Government Ayurvedic College and he has been assigned various classes of the said college at Rajpipla for teaching since the date of his appointment. The respondent no.1 issued a resolution dated 5th October, 1981 upgrading the teaching post under the Government Ayurvedic College in the Ayurvedic Department. In the list of those upgraded posts, the post of Demonstrator has been mentioned and the payscale of the same has been fixed from Rs.425-700 to Rs.650-1200. The petitioner claims the benefit of the upgradation of the post of Demonstrator, but he was not given the benefits of the said resolution by the respondents on the ground that the post which he holds is a nonteaching post. This refusal to give the benefit of the upgradation to the petitioner gave rise to him for filing of this Special Civil Application.

(3.) The respondents have filed the reply to this Special Civil Application and have come up with a case that the petitioner was appointed on the post of Demonstrator though in the Government Ayurvedic Pharmacy College, but his post was a nonteaching post. He was a Demonstrator in the Botanical Garden Division. It has further been stated by the respondents that the Government Ayurvedic Pharmacy College of Rajpipla is closed with effect from 30th June, 1980. The respondents have further come up with a case that as the petitioner was not holding the teaching post, he was not entitled for the benefits of the resolution dated 5th October, 1981.