MAYA CHAUDHARY Vs. STATE OF U P

JUDGEMENT

(1.) Smt. Sawarn Lata Srivastava, opposite party No. 8, was appointed on 25.9.1972 on regular basis as Lecturer in Raja Mohan Girls Post Graduate College, Falzabad. In Education Department, the Committee of Management of which and the Principal are opposite party Nos. 6 and 7 to the writ petition. Disciplinary proceedings were initiated against her and she was removed from service as a result thereof with effect from 6.4.1978 after obtaining Vice-Chancellor's approval dated 18.3.1978 as required under sub-section (2) of Section 35 of the Uttar Pradesh State Universities Act, 1973. She made a representation to the Vice-Chancellor against her order of dismissal under Section 68 of the said Act which was rejected on 18.12.1979, Thereafter, she preferred Writ Petition No. 826 (S/B) of 1980 which was allowed on 12.3.1997 by this Court. The order removing Smt. Sawarn Lata Srivastava from service and the order of Vice-Chancellor rejecting her representation were quashed with all consequential benefits. After Sawarn Lata Srivastava was removed from service and before her writ petition was allowed, the Management of the College issued an advertisement dated 15.11.1978 inviting the applications for temporary lady Lecturer which was likely to be made permanent in Education Department. In pursuance of this advertisement, petitioner and several others applied and ultimately the petitioner was selected and the Vice-Chancellor by means of his letter dated 1.3.1979 sent to the Management of the institution granted approval for appointment of the petitioner as such because approval of Vice-Chancellor was required under Section 31 of the Uttar Pradesh State Universities Act. 1973. In this letter, Vice-Chancellor had clearly mentioned that the post against which the petitioner was being appointed and for which the approval was being granted, had fallen vacant on account of termination of the services of Smt. Sawarn Lata Srivastava. After receiving this approval. the Management of the Institution concerned Issued appointment letter dated 9.3.1979 in which it was mentioned that the petitioner was being appointed as Lecturer in Education Department for a period of one year with effect from 19.3.1979 on a temporary basis and her services were liable to be terminated on one month's notice or one month's pay in lieu thereof. This appointment was made after Selection Committee had selected the petitioner. In pursuance of this letter of appointment, the petitioner took over on 19.3.1979. The services of the petitioner were extended for a further period of one year by means of letter dated 12.2.1980. Thereafter no formal extension of the services of the petitioner was made but she continued to work as Lecturer in Education Department in the said institution. However, no order of her confirmation on the post has been issued. In the meantime, petitioner was granted senior grade on 19.3.1987 and the selection grade was granted to her on 19.3.1992.

(2.) After writ petition of Smt. Sawam Lata Srivastava was allowed on 12.3.1997 by this Curt quashing her removal from service, she was reinstated in service with effect from 11.6.1997. On 1st July, 1997 an order terminating the services of the petitioner was issued by the Management of the Institution stating therein that since writ petition of Smt. Sawarn Lata Srivastava had been allowed, that order had to be obeyed and she has been given back the charge with effect from 11.6.1997 and, therefore, service of the petitioner stood automatically terminated and it will not be possible for the Management to give salaries to two persons against one post. This order has been challenged by the petitioner by filing this petition.

(3.) It is also necessary to mention here before proceeding further that in the meantime another post of Lecturer in Education Department were created in the college. Smt. Geeta Singh, opposite party No. 9, was appointed against the said post on ad hoc basts with effect from 1.1.1990 and the approval was granted by the Vice-Chancellor by means of his letter dated 14.12.1989. Subsequently, services of Smt. Geeta Singh was regularised with effect from 20.6.1992 as provided under the relevant law.