SANJAI KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) In Civil Misc. Writ Petition No. 27220 of 2000, the petitioner was given an assignment (and not appointment in strict legal sense) on a fixed honorarium. i.e., on an absolutely stop-gap day-to-day arrangement on fixed amount (since no regular appointment could be made without following due process of law prescribed under U. P. Higher Education Services Commission which was bound to consume some time and thereby affecting education in the concerned institutions) vide Government Order dated 7.4.1998 (Annexurc-1 to the writ petition).

(2.) The Government Order dated 7th April, 1998 (Annexure-1 to the writ petition) categorically mentions that : subject to possessing minimum qualification prescribed by University Grant Commission, a candidate is allowed to teach by giving Rs. 100 per lecture subject to a maximum of Rs. 5.000 per month provided he gives a declaration/undertaking on oath on stamp paper--subject to the condition that capability of an available candidate is assessed (without holding interview) as per quality point marks on the basis of academic record on and as such a person shall walk out immediately on regular selectee being available or by 30th June. The process is to be repeated for each new academic session. Relevant paras of the Government Order dated 7th April. 1998 are paras 1, 3, 10 and 11, Director's approval dated 27th October. 1998 (Annexure-2 to the writ petition) also reiterates the same. It refers to its earlier letter dated 21st May, 1998. Appointment letter dated 28th October, 1998 (Annexure-3 to the writ petition) again re-asserts the above. It may be recalled that appointment letter was issued with reference to Manager's earlier letter dated 11th September, 1998, but its copy has not been filed by the petitioner to enable the Court to have complete picture of the situation in which honorarium appointment was made.

(3.) This Court takes notice of the Director's letter dated 21st May, 1998 (referred to in Director's letter of approval in favour of Petitioner dated 27th October, 1998--Writ Annexure-2) found in the record of another writ petition.