VIJAY PANDURANG SAWANT Vs. SAVITRIBAI PHULE

JUDGEMENT

(1.) Rule. Mr.Desai, learned senior counsel for the respondent nos. 1 to 3 waives service. Ms.Kavita N.Solunke, learned A.G.P. waives service for the respondent no.4. By consent of parties, writ petition is heard finally.

(2.) By this writ petition filed under Article 226 of the Constitution of India, the petitioners have prayed for an order and direction against the respondents to regularize the services of the petitioners and shall be provided with the prescribed pay-scale equivalent to the posts and work rendered by the petitioners to the respondents. The petitioners also seek an order and direction to consider the petitioners ' experience on priority basis if at all the advertisement is issued by the respondents for filling up in the posts already occupied by the petitioners. The petitioners also seek an order and direction that the petitioners shall not be removed from the service of the respondent nos. 1 to 3 without following the process of law. Some of the relevant facts for the purpose of deciding this petition are as under :-

(3.) It is the case of the petitioners, that the petitioners are employed with the respondent no.1 University on various posts such as peon, assistant, accounts assistant, assistant librarian etc. for the period from 5 years to 17 years as per their respective appointments with the respondent no.1. In paragraphs 2 to 8, the petitioners have made their averments in respect of the petitioner nos.1, 2, 6, 9, 12, 15, 17 and 18 who according to the petitioners are working with the respondent no.1 for several years on various posts. Some of the petitioners have crossed the age of appointment as per service norms and are quite eligible for appointment as per their present posting in the employment of the respondent no.1. The respondent no.1 however is not filling up these posts only with intent to save the money and get the services of the petitioners by providing them a fixed monthly salary which is lesser than the prescribed rate of salary to be paid according to the post and qualification similar to that of the petitioners. It is the case of the petitioners that the regular employees working on the similar post are getting almost double the salary than that of the petitioners which amounts to discrimination so far as the petitioners are concerned.