TMI Blog2003 (10) TMI 641X X X X Extracts X X X X X X X X Extracts X X X X ..... d to an advocate who is acting as a Part-Time Lecturer? - Appeal (civil) 4086-4087 of 1998 - - - Dated:- 30-10-2003 - V.N. KHARE CJ S.B. SINHA, JJ. JUDGMENT The appellants herein belong to legal 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 Cons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Aggrieved, the appellants are in appeal before us. Learned counsel appearing for the appellants urged that since filing of Letters Patent Appeal was grossly delayed and there being no explanation for condonation 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 con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay for equal work would not apply to the instant case. The learned counsel fairly and candidly stated that the appellants had not and could not have prayed for regularization of job not could invoke the provisions 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... scale of the regular Assistant Professors has nothing to do with the payment of remuneration to the Part-Time Lecturers. The appellants herein have been engaged on purely contractual basis. It is not the' case 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rsity examinations. The respondents in their counter affidavit have also explained the said situation stating that for such work they are entitled to get extra remuneration from the university. The post of Part-Time Lecturer is not contemplated as a cadre post under the Rules. The appellants being not in the regular employment, the principles of service jurisprudence cannot be extended to an ad ..... X X X X Extracts X X X X X X X X Extracts X X X X
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