RENU TEWARI Vs. DIRECTOR HIGHER EDUCATION ALLAHABAD

JUDGEMENT

(1.) THE two writ petitions raise the same question of fact and law and hence are being disposed of by this common Judgment.

(2.) BY means of these two writ petitions, the petitioners have prayed for issuance of a writ in the nature of mandamus commanding the respondents to pay University Grant Commission pay scale i.e. Rs. 2,200-4,000 and all other admissible benefits which the permanent Lecturers are getting and have also prayed for the quashing of the Government Order dated 22.7.1986 contained in Annexure No. 3 to Writ Petition No. 4812 of 1988, by which a novel method has been adopted by the State Government by calling upon the qualified unemployed teachers to work on voluntary basis for taking Lecturers in the classes. This has been done by the State Government for the reason that there are vacancies of Lecturers. In Writ Petition No. 4812 of 1988, one prayer is with regard to continuation of the petitioners till regular selections are being made by the U. P. Public Services Commission. However, in the other writ petition, i.e., Writ Petition No. 27683 of 1993 instead of above prayer, it has been prayed that the respondents may not hold selection on the post on which the petitioners are working in pursuance of the advertisement contained in Annexure-12 of that writ petition.

(3.) WE are of the view that no Government particularly a WElfare State, and India being a WElfare State, can even think of formulating such a plan. WE are further of the view that despite the judgment of the Apex Court rendered in S.L.P. (Civil) 9569 of 1983 and 6906 of 1983 directing the State Government to take immediate steps to fill-up the vacancies against which some of the petitioners were appointed on ad hoc basis and in accordance with the relevant recruitment rules through the Public Service Commission, the State Government instead of filling-up the vacancies in accordance with law, has encouraged ad hocism which has been deprecated by the Apex Court, thereby a wrong has been done by the respondents by inviting applications from the trained graduate to act like a daily-wager on voluntary basis. It has been directed by the Apex Court that petitioners who are working on such posts whether under orders of the Court or otherwise shall continue to hold the post on ad hoc basis till the vacancies are filled-up and they shall cease to hold the post immediately on regular appointments being made any salary will be paid up-to date.