SHAILENDRA TIWARI Vs. RATAN LAL HANGLOO

JUDGEMENT

(1.) Heard Sri Kartikeya Saran, learned counsel for the applicants and Sri Ashok Mehta, learned Senior Counsel assisted by Dr. S.B. Singh, for the opposite parties.

(2.) The instant contempt petition has been filed alleging disobedience of the judgment dated 18.12.2017 in Writ No. 50303 of 2015, as upheld by the Apex Court by order dated 23.7.2018 in Special Leave Petition Nos. 16372 of 2018 and 17673 of 2018 and for a further direction to the opposite parties to restore pay and designation of the applicants as Lecturers/Assistant Professors with consequential benefits.

(3.) The writ petition was filed by two persons namely Manshyam Verma and Anuj Kumar Singh for quashing of resolution no. 2/32 dated 2.6.2015 of the Executive Council, University of Allahabad, whereby the private respondents 6 to 17 (two of them being applicants herein) were re-designated as Assistant Professor and also given salary for the said post. It is noteworthy that the private respondents, whose re-designation as Assistant Professor vide resolution dated 2.6.2015 was under challenge, were earlier working as Research Assistant. The validity of the earlier resolution No. 32/12 dated 29.10.2009 was also considered by the Court. The Court came to the conclusion that having regard to the qualifications held by the petitioners, they could only seek appointment as Assistant Professor in History but would not be eligible for any post in Ancient History, Culture and Archaeology, the posts held by the private respondents. Consequently, they were held to have no locus to challenge the re-designation of private respondents as Assistant Professor. The petition was also dismissed on merits by observing that the impugned decision of the Executive Council was in no manner illegal.