1 Devendra Puri & Anr. Vs. Mohan Lal Sukhadia University (S.B. CIVIL WRIT PETITION NO.3745/1995) Dated : 04.03.2008 HON'BLE MR. SANGEET LODHA,J. Mr. M.S. Singhvi, for the petitioners. Mr. Jagdish Vyas, for the respondent. In this writ petition, the petitioners employed as part time lecturer on contract basis have sought directions against the respondent University for payment of salary in the regular pay scale admissible to the post of Assistant Professor with permissible allowances. Further, directions have been sought to treat the petitioners full time Assistant Professor in Physics and to continue them in service till regular selection takes place. It is submitted on behalf of the petitioners that the action of the respondent not to pay regular pay scale to the petitioners and engaging them as part time lecturer on per period payment basis is arbitrary and unreasonable. It is stated that regular posts of Assistant Professors in Physics are available and regular selections have not been made, yet the petitioners are being accorded appointment on per period payment basis just to deny regular pay scale and other facilities. A reply to the writ petition has been filed on behalf of the respondent, wherein it is submitted that the petitioners were 2 engaged to teach the students during the year 1988 to 1995 on lecture basis and were allowed maximum 12 periods per week. It is submitted that the petitioners were engaged on contract basis and were paid Rs.50 per lecture with maximum 12 period per week. It is submitted that the engagement was not at all on regular basis but such arrangements were made merely to cover the extra work load. It is further submitted on behalf of the respondent that the petitioners are already in whole time service in the Central Academy, Sardarpura, Udaipur as senior teacher w.e.f. 1.7.95, therefore, the cause of action does not survive. Admittedly, the petitioners were engaged by the respondent University on contract basis for specified period, the regular vacancy in the cadre are required to be filled in by the regular selection and the petitioners who were engaged on contract basis for specified period to cover up the extra work load, cannot claim continuance in service. The petitioners have been paid their salary in accordance with the terms of the contract. On the facts and in the circumstances of the case noticed above, the petitioners are not entitled for any relief whatsoever. Accordingly, the writ petition is dismissed. (SANGEET LODHA), J. vij