RAM SHANKER VERMA Vs. STATE OF U.P.

JUDGEMENT

(1.) INSTANT writ petition under Article 226 of the Constitution of India, relates to an order whereby, the State Government has terminated the petitioner's engagement on contract basis for the period of three years (after attaining the age of superannuation) on the ground that on the date when the petitioner was engaged, there was only one sanctioned post of Professor occupied by other incumbent. The question cropped up in the present writ petition is, as to whether a person holding the rank of Professor under the Personal Promotion Scheme, can equate his service with the regularly appointed persons in the cadre of Professor and in consequence thereof, can claim for appointment on the post of Professor on contract basis in terms of Government order?

(2.) THE petitioner was substantively appointed as Lecturer in the year 1978 in the Department of Pharmacy in GSVM Medical College, Kanpur and later on, his services were transferred to LLRM Medical College, Meerut (in short the Medical College). The Medical College, Meerut is one of the six Government Medical Colleges, controlled and managed by the State Government of U.P. and the employees are the Government employees. The Governor of the State is the appointing authority of the teachers of the State Medical Colleges. The Medical College, Meerut is a constituent college of the Meerut University.

(3.) FROM the pleading on record of the writ petition, it appears that the Principal of the Meerut College, while sending recommendation, dated 20.4.2011, disclosed that in the Medical College, Meerut, there is only one post of unfilled vacancy of teacher and after petitioner's retirement one more vacancy of teacher shall be available. Hence to meet out the exigency of services, the petitioner may be appointed on contract basis for the period of three years. The Government issued appointment order in pursuance of the Government order dated 30.7.2008 which provides that a retired teacher may be appointed against sanctioned strength on contract basis for specified period on fixed salary. In the present case, petitioner's salary in accordance with the Government order dated 30.7.2008 (Annexure No.6 to the writ petition), was fixed at Rs.70,000/ - per month, as amended by Government order dated 7.6.2010 (Annexure No.7 to the writ petition).