ASHOK KUMAR MAHESHWARI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) "Magni-ficient promises are always to be suspected" is an adage which was forgotten by the appellant and his colleagues who not only believed such a promise but approached the Court for its enforcement in writ proceedings which have since reached this Court requiring us to decide whether the doctrine of "Promissory Estoppel" can be invoked for the enforcement of a "promise" made contrary to law.

(2.) The appellant is a Demonstrator in the Pharmacy Department of S.N. Medical College, Agra where he was appointed on 11-1-73 and his services on that post were regularised on 28-6-76.

(3.) The appellant and five of his other colleagues, working as Demonstrators in various Government Medical Colleges in U. P., filed a writ petition in the Allahabad High Court that the State Government as also the Director, Medical Education and Training, may be directed not to fill the posts of Lecturers in Pharmacy by direct recruitment and the same may be filled up, at least to the extent of fifty per cent, by promotion of Demonstrators working in the Department as is done in other Departments where posts of Readers are filled up, to the extent of fifty per cent by promoting the Lecturers, while the posts of Professors are filled up, to that extent, by promotion the Readers. It was pleaded before the High Court that the Government, by its Order dated 31-1-77 and 23-12-77, had provided, in respect of all posts of Readers and Professors in the Government Medical Colleges, that they shall be filled up by direct recruitment, to the extent of fifty per cent, and remaining fifty per cent would be filled up by promotion from amongst persons working as Lecturers in the Department provided they are qualified for the post. It was contended that the Government has not made any provision for filling up the posts of Lecturers in the Department of Pharmacy by promotion from amongst the Demonstrators and that the Government had not passed any specific order to that effect although such an order should have been passed particularly in view of the fact that in all other Government services, avenue of promotion has been provided for. It was also claimed that the Government, by its Order dated 24-6-86 had made provision for time bound promotions of the teachers of Government Medical Colleges as it was provided that a Lecturer, on completing a particular period of service, would become entitled to the scale of pay admissible for Readers and Readers would become entitled to be paid salary in the pay scale applicable to Professors. It was claimed that these benefits should also be made applicable the persons working as Demonstrators in the various Government Medical Colleges and they should also be provided an avenue of promotion by providing, as is done in the other Departments, that the post of Lecturer in the Department of Pharmacy would be filled up, to the extent of fity per cent, by promotion from amongst the Demonstrators.