PIYUSH KUMAR SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) By this writ petition, the petitioner has challenged the order dated 22.3.2010 passed by the State Government, thereby rejecting the claim of the petitioner for payment of salary, as also for regularization on the post of lecturer in Sanskrit in D.A.V Post Graduate College, Azamgarh by providing the benefit of section 31-C of the U.P. Higher Education Services Commission Act, 1980. The petitioner has also sought for a writ of mandamus so as to command the respondents to treat him as regular/ permanent lecturer in Sanskrit with all consequential benefits.

(2.) The facts giving rise to this petition are that D.A.V, Post. Graduate College, Azamgarh (hereinafter referred as the 'Institution') is an aided Post Graduate College, which was earlier affiliated to the Gorakhpur University. By U.P. Act No.19 of 1987, Purvanchal University, Jaunpur (now known as Vir Bahadur Singh Purvanchal University - hereinafter referred to as 'Purvanchal University') was established, and its area of jurisdiction included the district of Azamgarh. In exercise of power under section 4(1-A) of the U.P. State Universities Act, 1973, the State Govt. notified the constitution of Purvanchal University with effect from 2.10.1987. Accordingly, since 2.10.1987, the Institution stood affiliated to the Purvanchal University. Initially no separate statutes were framed by the State Government, instead Section 50 (1-B) of the U.P. State Universities Act, 1973 provided that the statutes of Gorakhpur University, as existing on the said date, would be applicable to the Purvanchal University till framing of separate statutes. The separate statutes for Purvanchal University were framed on 2.11.2000. As the dispute in the instant case relates to a period prior to 2.11.2000, therefore, the statutes of Gorakhpur University, as they stood on 2.10.1987, were applicable irrespective of any subsequent amendment made thereto by virtue of Full Bench Decision of this Court in the case of Mohd. Tahir Vs. State of U.P and others, 2004 2 UPLBEC 1406.

(3.) In the Institution, a substantive vacancy arose on the post of Principal. Consequently, Shri Raghunath Misra, a lecturer of the Institution for Sanskrit, was appointed as officiating Principal of the Institution on 17.7.1989. No regularly selected Principal was recommended by the Commission till Sri Raghunath Misra superannuated, therefore, he continued to officiate as a Principal till he retired on 30.6.1992.