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Bombay High CourtWP/1469/2016dismissedrule discharged

Shri. Shahbaz Khan S/O. Salabat Khan v. State Of Maha., Through Principal Secretary, Higher And Technical Educaton, Mumbai And Others

2016-12-20Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi2 pages

WP1469-16 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 1469/2016 (SHAHBAZ KHAN SALABAT KHAN VERSUS STATE OF MAHARASHTRA & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.A. Sable, counsel for the petitioner.

Mrs. G.R. Tiwari, A.G.P. for the R-1 & 2.

CORAM : SMT. VASANTI A NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : DECEMBER 20 , 2016.

By this writ petition, the petitioner has sought an order restraining the respondents from terminating the services of the petitioner till a candidate is appointed by the Maharashtra Public Service Commission, on regular basis.

The prayer made by the petitioner cannot be granted in the circumstances of the case. Though the petitioner was earlier appointed on contract basis, the petitioner is now working on clock-hour basis. It is rightly submitted on behalf of the respondents that the services of a lecturer working on clock-hour basis are not at par with the services of a lecturer working on contract basis. A lecturer working on contract basis is required to perform the job of a regular lecturer, whereas a person working as a lecturer on clock-hour basis would be required to perform the job as per clock-hour, as and when the services are necessary. Since the petitioner is not working on contract basis but, is working on clock-hour basis, the prayer made by the petitioner cannot be granted.

WP1469-16 In the result, we dismiss the writ petition with no order as to costs.

JUDGE JUDGE APTE