2003 (10) TMI 641

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.... profession and are practising advocates. They were appointed as Part-Time Lecturers in M.B.B. College, Agartala on a fixed pay. The appellants filed a petition under Article 226 of the Constitution before the Gauthati High Court, Agartala Bench, for issuance of a writ or in the nature of mandamus to the respondents to accord unto them proportionate equal pay for equal work, for working as Part-Ti....

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....ation of delay, the High Court ought not to have condoned the same. We do not find any merit in this submission. The division Bench found that the State had made out sufficient cause for condonation of delay. This power of condonation is discretionary and has to be liberally construed. Learned counsel then urged that the appellants being Part-Time Lecturers were entitled to proportionate increa....

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....ons of the Minimum Wages Act. The Division Bench in its impugned judgment distinguished the decision of this Court rendered in Vijay Kumar (supra) holding, inter alia, that the principle of equal pay for equal work would not be applicable in the present case as the appellants did not pray for their absorptions as a regular teacher. It is true that the respondents did not file any counter aff....

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....of the appellants that they were appointed in terms of the extant rules for appointment of regular teacher The question of determining the pay scale of a person serving the institute arises only in the event he is appointed in terms of the statute operating in the field and not by reason of the terms and conditions of a contract entered into by and between the State and the appellants. The appella....