M P JOSHI Vs. UNIVERSITY OF KUMAON NAINITAL

JUDGEMENT

(1.) Petitioners who are Professors in different departments of University of Kumaon. Nainital, have approached this Court under Article 226 of the Constitution for the relief of a writ of certiorari quashing the Government Order dated 4.4.2000 and the consequential order dated 2.9.2000 (Annexures-8 and 9 respectively), impugned Government Order dated 4.4.2000, though addressed to Finance Officer, Lucknow University, Lucknow, in response to his letter dated 28.2.2000 encapsulates there is the two fold decision of the Government therein : firstly, that personal promotion as visualised in the earlier Government Order dated 27.9.1994 will be effective from the date of taking over the charge and not earlier ; secondly, as to cancellation of paragraph 5 of the earlier Government Order dated 27.9.1994. So far as the order contained in the letter dated 2.9.2000 (Annexure-9 to the petition) is concerned, the same is in fact a notice to the petitioner T. C. Pant, calling upon him to show cause as to why the double promotion granted to him first on the post of Reader and later on the post of Professor, be not rescinded the same being in antagonism of the Government Orders dated September 27. 1994 and 4.4.2000. Similar notices are said to have been issued to other petitioners as well.

(2.) We have heard Sri V. B. Singh, senior advocate assisted by Sri P. S. Baghel for the petitioners. Sri M. C. Tripathi for the respondents 1 and 2 and standing counsel for the State authorities.

(3.) The foremost questions that call for determination in this case are : firstly, whether a Reader appointed as such by promotion from the post of lecturer under personal promotion scheme envisioned under Section 31A of the Act is entitled to promotion to the post of Professor? ; and secondly, whether personal promotion to the teachers of University given under Section 31A of the U. P. State Universities Act. 1973, is to take effect from the date of taking over the charge on the post of Reader or Professor, as the case may be, or with effect from the date, the Lecturer or the Reader, as the case may be, becomes eligible for being considered for grant of personal promotion to the post of Reader or Professor, as the case may be? Section 31A of the Act being relevant is excerpted below :