Just a moment...

Report
FeedbackReport
Bars
×

By creating an account you can:

Logo TaxTMI
>
Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

2003 (10) TMI 641

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tes. 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-Time Lecturers. A learned Single Judge ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t 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 increase in the remuneration on the principle o....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... 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 affidavit before the High Court but a counter affi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ms 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 appellants, therefore, in our opinion, had no legal righ....