CHHEDAN LAL RASTOGI Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner Chhedan Lal Rastogi has preferred this petition under Article 226 of the Constitution, inter alia, praying for issue of a writ of certiorari quashing the Government Order dated 13-12-1979 contained in Annexure-1 to the writ petition and further praying for a writ of mandamus commanding the opposite parties to treat the petitioner as legally and validly appointed Lecturer in Physics in Daya Nand Subhash National College, Unnao (hereinafter referred to as the College) in the vacancy that had fallen subsequent to the resignation of Sri Amar Sinha, who was holding permanent substantive post of Lecturer in Physics in the said College.

(2.) BRIEFLY, the facts stated by the petitioner are that opposite party no. 4 College is an affiliated College of Kanpur University, opposite party no. 3 and one Amar Sinha was a permanent teacher holding permanent sanctioned post in the Department of Physics of that college and on his going on two years' leave the petitioner was appointed in an ad hoc capacity to that post after the approval of the Vice Chancellor of Kanpur University. On Sri Amar Sinha submitting his resignation from the service of the College on June, 1977, the petitioner held that permanent post and his appointment was made on the recommendation of a Selection Committee duly constituted under U. P. State Universities Act, 1973 (hereinafter referred to as the Act) since July 1, 1977. A true copy of the letter has been filed as annexure-2 to the writ petition. Upto 30th June, 1977 the services of the petitioner were adhoc and he having been approved and duly selected for appointment to the permanent post of Lecturer, his appointment was made with effect from 1st July, 1977 on one year's probation vide annexure-3 to the writ petition. The post, it is averred, on which the petitioner was appointed and which was being held by Sri Amar Sinha was duly created by opposite party no. 3, Vice-Chancellor, Kanpur University and approved by the U. P. Government in the year 1973-74 on the basis of the work load in the department of Physics which was duly considered by opposite party no. 2, Director of Education (Higher Education), U. P. Allahabad. The petitioner has further stated that the Vic? Chancellor, opposite party no. 3, having approved the appointment of the petitioner on the permanent post and the petitioner having been legally appointed and discharging his duties uptodate was entitled to get his salary month by month. The State Government being liable for payment of salary to the petitioner could not, in the circumstances, when the post had been duly created and approved by the Director of Education, stop payment of his salary, more so, since he was duly selected and appointed candidate under the provisions of the Act. The petitioner goes on to say that when in January, 1978 his salary was not paid by the College, opposite party no. 4, he made a representation to the Principal of the College and the Vice Chancellor of the University, opposite party no. 3 whereupon it was revealed that the U. P. Government had questioned the propriety of the appointment of a third Lecturer in the Department of Physics looking to the work load in the college and it was for that reason that the payment of salary to the petitioner was stayed by opposite party no. 4. The representation of the petitioner to the Principal and Vice Chancellor has been brought on record as Annexure-6 to the writ petition. Thereafter the petitioner also made a representation to the State Government through Secretary, Education Department and this representation is contained in annexure-7. Even thereafter the representations were made by the petitioner and the Vice Chancellor himself wrote to the opposite party no. 2 drawing his attention to the previous letter dated 9-3-78 contained in annexure-9, but no action was taken. The petitioner whereupon filed the present writ petition before this Court. The writ petition was admitted by a Division Bench of this court on 11-7-80 and on application for interim relief (Civil Misc. Application No. 3866 (W/1980) the court passed the following order on 8-10-1980 :