KANAN DAS GUPTA Vs. VICE-CHANCELLOR ALLAHABAD UNIVERSITY

JUDGEMENT

(1.) THIS special appeal has been filed against the judgment and order dated 2nd December, 2004 of the learned Single Judge by which the writ petition filed by the appellant was dismissed.

(2.) BRIEF facts of the case as emerge from pleadings of the parties are; the appellant was appointed as Photo Artist in the Department of Geology, University of Allahabad by order dated 16th June, 1992. The Executive Council of the University of Allahabad vide its resolution dated 8th December, 1991 had resolved that appointment in higher technical posts shall be made by promotion from amongst the working technical staffs on the basis of seniority. A post of Technical Assistant was laying vacant in the Geology Department. The appellant's case is that his application for promotion on the post of Technical Assistant was forwarded by the Geology Department in the year 1997 which was under consideration and was principally approved by the Vice Chancellor and the matter was sent to the Registrar for issuing appropriate promotion order but the promotion order could not be issued.

(3.) SRI Awadhesh Pratap Singh, learned counsel for the appellant, challenging the judgment of learned Single Judge, has contended that appellant was eligible for promotion and his case having been recommended for promotion on the post of Technical Assistant, the promotion ought to have been accorded as per the earlier resolution dated 8th December, 1991 of the Executive Council by which the technical posts were required to be filled up by working technical staffs on the basis of seniority. It is submitted that change of procedure/rule for appointment on the post of Technical Assistant by resolution dated 10th July, 1999 was not attracted in the present case since the vacancy had occurred earlier to the change of rule and the same was required to be filled up as per earlier resolution. It has been submitted that appellant fulfilled the qualification for appointment on technical post and the vacancy which had arisen prior to change of rule could only be filled up by virtue of earlier resolution. Learned counsel for the appellant has placed reliance on judgments of the Apex Court in the case of Y.V. Rangaiah and others vs. J. Sreenivasa Rao and others reported in 1983 SCC (L & S) 382, P. Murugesan and others vs. State of Tamil Nadu and others reported in (1993)2 SCC 340, Union of India and others vs. Tushar Ranjan Mohanty and others reported in (1994)5 SCC 450 and B.L. Gupta vs. Municipal Corporation of Delhi reported in 1998 SCC-9-223.