U V UTTAMCHANDANI Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) Petitioner prays that a writ be issued declaring that with effect from 16.6.1978 he be declared as having been appointed as University Engineer and with effect from 22.11.1983 he be deemed to be appointed as Executive Engineer since respondent No.2 was upgraded to the said post. Mandamus be issued to the University to upgrade the post of Executive Engineer to the level of Superintending Engineer with effect from 1.6.1980. Petitioner be given all consequential reliefs. Mandamus be issued to the University to issue appointment orders in pursuance of resolution No.184 of March, 1988. Order dated 18.12.1990 and communication dated 19.12.1990 be quashed. Prohibition be issued to the University restraining the University from appointing Shri G.S.Mehta, respondent No.3 as a University Engineer.

(2.) On 20.2.1993, it stands recorded in the order of even date, that petitioner does not press his petition against respondent No.3. Respondent No.3 was deleted from the array of parties. In that view of the matter, the last prayer need not be considered by this court.

(3.) Facts of the case as pleaded by the petitioner on which the claim is based is that after obtaining his graduation degree in Civil Engineering in the year 1962, petitioner joined Indian Railways as Assistant Engineer (Civil). He thereafter joined the NBCC as an Executive Engineer. By the year 1977, he had 16 years of working experience. On 16.11.1977, the University issued an advertisement inviting applications to fill up a post of Executive Engineer in the pay scale of Rs.1100-50-1600. Though in the advertisement, post advertised was that of Executive Engineer but under the column 'Educational qualifications for" the post was referred to as "University Engineer" . Petitioner pleads that as a matter of fact post advertised was that of University Engineer. The University issued another advertisement dated 20.1.1978 inviting applications to fill up the post of University Engineer in the pay scale of Rs.1100-50-1600. Petitioner states that under both the advertisements i.e. dated 16.11.1977 and 20.1.1978, pay scale referred to was the same i.e. Rs.1100-50-1600. Petitioner alleges that he applied for the said post and appeared before the selection committee. Petitioner alleges that the post of University Engineer which was being filled was the result of a vacancy caused due to the retirement of Shri D.R.Chopra, who was an Executive Engineer under the CPWD but was on deputation under the University as University Engineer. According to the petitioner, the post of Executive Engineer did not exist in the University. The said post, according to the petitioner was created surreptitiously in November,1983 when Shri S.P.Goel, respondent No.2 was appointed against said post.