RAM PRATAP SINGH Vs. CHANCELLOR PURVANCHAL UNIVERSITY

JUDGEMENT

(1.) BY means of the present petition, the petitioner seeks to quash the impugned order dated 26th December, 1988 passed by the Chancellor of the Purvanchal University (Annexure 13 to the writ petition) remanding the matter of determination of seniority between the petitioner Dr. Ram Pratap Singh and respondent no. 3 Sri D. N. Srivastava.

(2.) RELEVANT facts in this regard are that Sri Durgaji Post Graduate College, Chandesar, Azamgarh is a college imparting post graduate teaching and is duly affiliated to the Purvanchal University, Jaunpur. Before the establishment of the said Purvanchal University, the College in question was affiliated to Gorakhpur University. The said College is on the the maintenance grants-in-aid list of the State Government and all its teachers and other employees are paid their salaries through the State funds in accordance with the Provisions of the U. P. State Universities Act, 1973 (hereinafter referred to as the Act).

(3.) IN the meantime the Director of Education also came to pass an order dated 2nd September, 1988 asking the Manager/Principal of the College in question that since the petitioner was not entitled to act as Reader in the institution, he was not entitled for payment of his salary. As a consequence thereof it was stated in the said letter of the Director of Education that the salary paid to the petitioner for the earlier period as Reader should be recovered from him. This order of the Director of Education was passed without giving any opportunity to the petitioner whatsoever and is under challenge in a separate writ petition pending in this Court.