BANARAS HINDU UNIVERSITY VARANASI Vs. BHAKTIPUTRA ROHTAM

JUDGEMENT

(1.) Heard Shri Ajit Kumar Singh, learned Senior Counsel assisted by Shri Hem Pratap Singh, learned counsel for the appellant-respondents and Shri Sanjeev Singh, learned Senior Counsel assisted by Shri Priyansh, learned counsel for the opposite party-petitioner.

(2.) The instant intra court special appeal under Chapter VIII Rule 5 of the High Court Rules has been preferred against the judgment and order dtd. 13/2/2024 passed by learned Single Judge in Civil Misc. Writ Petition No.18332 of 2023 (Dr. Bhaktiputra Rohtam v. Banaras Hindu University and Ors.), whereby the writ petition has been allowed. The order passed by the Registrar and Vice Chancellor of the Banaras Hindu University 'BHU' dtd. 22/5/2023 and 9/10/2023 have been quashed with further direction to Vice Chancellor to immediately constitute a Screening-cum-Evaluation Committee to look into and screen out documents of self appraisal etc. submitted by the petitioner on 4/11/2021 received in Career Advancement Scheme2 Promotion Cell on 5/1/2022 and take a decision whether the petitioner was eligible on merit on the basis of documents produced by him to be promoted as Professor under CAS. It was further directed that if it finds favour with the claim of the petitioner, it shall accord notional promotion to the petitioner with consequential benefits of pay in question as admissible to such promotional post of Professor for revision of pension and other retirement dues with effect from the date the petitioner attained the age of superannuation and accordingly arrears of difference of pension and other retirement dues shall be paid. Learned Single Judge has also directed the BHU to accord re-employment to the petitioner as teacher in the Department of Dharmagam, Faculty of Sanskrit Vidya Dharm Vigyan, BHU, Varanasi, if vacancy exists and appropriate order shall be passed in this regard within three weeks from the date of production of certified copy of this order. For ready reference, the operative portion of the judgment and order dtd. 13/2/2024 is reproduced as under:-

(3.) The appellant-BHU is a Central University enacted by Act No.XVI of 1915 'BHU Act'. The services of employees of BHU are governed by the Act as well as Rules and Regulations framed under the Act. The BHU being Central University is also governed by the Rules, Regulation, Guidelines and Office Memorandum issued from time to time by the Central Government and University Grants Commission 'UGC'. The Executive Council of BHU shall, subject to control of BHU, be Executive Body and shall conduct all administrative affairs of the BHU. As per Sec. 18 (k) of BHU Act, the emoluments, term and conditions of service of employees of BHU is governed by Ordinance framed by Executive Council.