SUBHASH SAXENA Vs. ESTABLISHMENT OFFICER GOVIND BALLABH PANT UNIVERSITY OF AGRICULTURE AND TECHNOLOGY

JUDGEMENT

(1.) HEARD Sri Paresh Tripathi, learned counsel for the petitioner and Sri Rajendra Dobhal, learned counsel for the respondents.

(2.) BY means of this writ petition, the petitioners have prayed for the fol lowing reliefs : i. To issue a writ of mandamus di recting the opposite parties to al low the petitioner to join his new assignment in view of the appointment letter, ii. To issue a writ of mandamus di recting the opposite parties to pay the new pay-scale to the pe titioner in view of the order of the Director, annexure no. 12 to the writ petition, and to pay the arrears of his salary from 14-12-1979 till today, iii. To issue any other writ, order or direction which may be deemed fit and proper in the circum stances of the case, iv. To award costs of this writ peti tion to the petitioner.

(3.) IT is a matter of great concern, that the Director of Research, who is subordinate to the Vice Chancellor, did not comply the order and has violated the orders passed by his superior and did not relieve the petitioner in compli ance of the order passed by the Vice Chancellor. The Director of Research has also submitted that the petitioner may be given promotion in the parent department on the post of Senior Ac counts Clerk. Inspite of several letters written by the Administrative Officer and by the University, on behalf of the Vice Chancellor, to the Director to relieve the petitioner, the Director did not pay any heed to the repeated requests and reminders of the Vice Chancellor and did not permit the petitioner to join his new assignment. Ultimately, the pe titioner was relieved and was permitted to join his new assignment on 28-08-1980 which is apparent from para-12 of the counter affidavit filed by the University wherein it is stated that the petitioner was relieved from the Direc torate in the afternoon of 28-08-1980 and has submitted his joining report in the Office of DSW in the afternoon on 28-08-1980 as Senior Accounts Clerk.