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Judgment
Honorable Mr. Justice KS Jhaveri
By way of this petition, the petitioners have prayed to direct the respondents herein to grant selection grade of Rs. 3000-5000 (pre-revised) in the corresponding ad-hoc revised pay scale to the petitioners from due dates i.e. i.e. 04.09.1992 to the petitioner No.1 and from 01.09.1996 to the petitioner No.2. as also to direct the respondents to consider the case of the petitioners for grant of selection grade from due dates.
The brief facts leading to filing this petition are that the petitioner No.1 who initially possessed degree of M. Phil. with History was selected on ad-hoc basis by High Power Committee as Lecturer and posted at Bahauddin Arts College, Junagadh. Similarly, Petitioner No.2 who is M.A. with Gujarati was also selected on ad-hoc basis as Lecturer at Bahauddin Arts College, Junagadh. The petitioner No.1 obtained a degree of Doctorate in the year 1991. The petitioners were placed in the pay scale of Rs.2000-4000/-(pre-revised) which was later on revised to Rs. 8000-13500/-(on ad-hoc basis). Both the petitioners are entitled to be placed in the selection grade of Rs. 3000-5000/-(pre-revised) with consequential revised scale. The petitioner No.1 is entitled for the said benefit since the year 1992 whereas petitioner No.2 is entitled to the same i.e. the year 1996 as per the Government resolution. Several similarly situated persons have been granted the said benefit however, the petitioners are not given the same. The petitioners have made several representations but the respondents have not granted the benefits to them. Hence, this petition.
Heard learned advocates appearing for respective parties and perused the record.
Learned advocate for the petitioners submitted that the action of the respondents in not granting the benefit of selection grade to the petitioners is illegal, improper and unjust. He further submitted that one similarly situated person namely Shri Hasmukh Joshi, who is junior to the petitioners has been given the benefit of selection grade but the petitioners have been deprived from the said benefit.
Learned advocate for the respondents has opposed the submission of learned advocate for the petitioners and submitted that the action of the respondents is just and proper and no interference is called for by this Court.
Learned advocate for the respondents has fairly submitted that as per the Government Resolutions dated 14.09.1988 and 07.09.1998, even if the services are regularized subsequently, then earlier service rendered as ad-hoc lecturer is not to be counted for granting benefits of senior scale/selection grade, whereas in the present case the appointment of the petitioners are only on ad-hoc basis and the same is not yet regularized and therefore, the benefit as prayed for in the present petition cannot be granted to the petitioners.
In that view of the matter, I am of the opinion that it will not be appropriate to disturb the Government Policy. Apart from that the order of Hasmukh Joshi, who is alleged to have been given the benefit of selection grade is not produced on record. Therefore, the present petition stands dismissed. Rule is discharged.