SANJAY KUMAR Vs. STATE OF UP

JUDGEMENT

(1.) Heard Shri Sudhir Kumar Chandraul and Shri Ramesh Rai, learned Counsel for the petitioner. Learned standing counsel appears for State respondents.

(2.) Shri Shyameshwar Degree College, Sikariganj, Gorakhpur is affiliated to the Deen Dayal Upadhyay Gorakhpur University. The college is receiving grant-in-aid from the State Government. On the superannuation of Dr. Suresh Kumar Rai, a Lecturer in History, the Committee of Management notified the vacancy to the U.P. Higher Education Service Commission, Allahabad on 20.2.2006. Since Section 16 of the U.P. Higher Education Service Commission Act, 1980 was deleted, the college could not make any ad hoc appointment, even if the Commission did not recommend any selected candidate. In pursuance to the Government order dated 7.4.1998 the college advertised, selected and appointed the petitioner, claiming to be duly qualified and eligible on the post of the Lecturer History, on honorarium on the fixed pay of Rs. 8,000. His appointment was approved by the Joint Director of Education (Higher Education), U.P., Allahabad on 23.10.2009 in pursuance to the directions issued in Writ Petition No. 48541 of 2009 dated 10.9.2009.

(3.) By this writ petition the petitioner has prayed for directions to pay to him honorarium as admissible to the post of Lecturer alongwith all admissible allowance and benefits provided in the Government order dated 6.1.2009 and Circular dated 14.1.2009.