KIRAN LATA SAHAI Vs. STATE OF U P

JUDGEMENT

(1.) THE present writ petition has been filed for issuing a writ of mandamus directing the respondents to regularize the petitioners-lecturers in Government Degree Colleges/government Post Graduate Colleges of the State within a period to be specified by this Court in accordance with the U. P. Regularization of Ad hoc Appointments (On Posts within the purview of the U. P. Public Service Commission) Rules, 1979 as amended by Notification dated 20-12-2001. Further prayer is for issuing a writ in the nature of mandamus directing the respondents to treat the petitioners as regular and permanent lecturers in Government Degree/post Graduate Degree Colleges in the State of U. P. w. e. f. 20-11-2001 or alternatively from 16-4-2004 with all consequential benefits.

(2.) THE facts are that the Government had issued a Government Order and a scheme for appointment of guest lecturers in the Government Degree/post Graduate Degree Colleges in the State against the fixed payment commuted per lecturer. Such scheme was envisaged in order to meet teaching requirement on account of non-availability of regularly selected teachers for such colleges from the U. P. Public Service Commission. Each of the petitioners was appointed as guest lecturer in pursuance of the Government Order dated 22-7-1986 on different dates. THE details regarding the initial date of appointment had been mentioned in para 22 of the writ petition. THE recruitment and qualification for such posts are governed by the Government Orders issued by the State Government from time to time. As the procedure for selection through Commission being a time consuming process, as such the Government had issued Government Order for appointment of the Lecturers for such colleges against a remuneration of Rs. 15/-per lecturer. Each of the petitioners is continuously functioning as lecturer since the aforesaid initial date of appointment and continuously discharging the teaching work in the different colleges though there exists no justification for referring the petitioners as guest lecturers and in making payment of salary commuted on normal rate per lecture. As the present petitioners were aggrieved by the aforesaid action of the respondents, they filed a writ petition before this Court numbered as Writ Petition No. 4812 of 1988. THE aforesaid writ petition was allowed by Division Bench of this Court-vide its judgment and order dated 10-10-1986. THE Government Order dated 22-10-1987 was quashed and a further direction was issued to the effect that the petitioners are entitled at least to the minimum of pay scale in the regular pay scale for lecturers teaching in Degree Colleges, i. e. , Rs. 2,200-4,000. A further direction was issued for considering the petitioners for regularization in accordance with the observations contained in the judgment and in accordance with law.

(3.) IT has been submitted on behalf of the petitioners that the bare perusal of the Regularization Rules of 1979 as amended clearly demonstrates that it permits regularization of ad hoc appointees who possessed the requisite qualification at a time of initial appointment. The qualification, which has been prescribed subsequently, cannot be a basis for refusal. On 15-9-1986 the Director of Education issued a circular, which also specified the minimum qualification, required for the purpose of appointment as Lecturer. The Government has also issued a Government Order whereby 5% relaxation has been granted with regard to the academic qualification. As each of the petitioners possessed the requisite qualification as specified in the circular letter dated 15-6-1986 read with Government Order dated 30-3- 1989, which was the basis of appointment, granted to the petitioner, there cannot be any justification for raising any objection against the qualification possessed by the petitioners with regard to the qualification, which may exist on the date of appointment as Lecturer. The action of the respondents are arbitrary and violative of Article 14 of the Constitution of India.