STATE OF GUJARAT Vs. MUKESHGIR SHIVGIR GONSAI

JUDGEMENT

(1.) THIS petition is filed by the State Government challenging the judgment and order dated 16th March 1994 passed in Application No. 17/93 by the Gujarat Affiliated Colleges Services Tribunal.

(2.) RESPONDENT No. 1 was appointed as Junior Clerk on 2. 1. 86 in a non-granted Law College run by respondent No. 4 Trust. Though the college had to be closed down, it is the case of respondent No. 1 that for administrative work, his service was continued by the Trust. He was paid salary and allowances by the Trust upto 30th September 1992. He was, thereafter absorbed as Junior Clerk in an Arts College run by the same management i. e. respondent No. 4 Trust. The employee thereupon approached the Tribunal seeking regularization of his engagement and salary from the Government since the Arts College was a granted college. His application was allowed by the impugned order. Hence this petition.

(3.) FOR holding the Government responsible for pay and allowances of respondent No. 1, main ground which the Tribunal has accepted in the impugned order is that there was common pool of employees of all the colleges run by respondent No. 4 for promotion to higher posts. The Tribunal was, therefore, of the opinion that the employee from Law College could be validly absorbed in the Arts College. Though prima facie I find that the said premise adopted by the Tribunal required a closer scrutiny, in the facts and circumstances of the case, it is not necessary to examine this question on the touchstone of legal provisions.