SWATANTRA BALA SHARMA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This writ petition has been filed for quashing that part of the order dated 17.10.1998 Annexure-20 to the writ petition which provides that the said order shall be effective prospectively and for a mandamus directing the respondents to give benefit of the G.O. dated 17.10.1998 with retrospective effect and to count the service of the petitioner as Instructor from 29.12.1980 to 12.5.1989 as service rendered to lecturer. A further mandamus has been prayed for to direct the respondents to give effect to the recommendation of the Executive Council of the Allahabad University vide resolution dated 14.11.1998 Annexure-21 to the writ petition.

(2.) We have heard the learned counsel for the parties. It is alleged in paragraph 2 of the petition that the petitioner has a substantially good academic record and she had secured First Division and first position in merit in M.A. course in Music from Allahabad University in 1979 and also obtained Doctorate degree in the same subject in 1988. She was selected by the Selection Committee duly constituted as per Statutes of the Allahabad University and the selection was approved by the Executive Council. She was appointed as Instructor in Vocal Music. True copy of the appointment letter dated 29.12.1980 is Annexure-1 to the writ petition. In paragraph 4 of the writ petition, it is alleged that the scale and grade of pay of Instructors of the University, Research Assistants. Cartographers and Curators are the same. In paragraph 5 of the petition, it is alleged that the instructors and Research Assistants are at par since the Instructor has also to take regular classes imparting instructions, delivering lectures and the same duties were being discharged by the petitioner as an Instructor. The petitioner's work as Instructor like those of lecturers has been commended by the University. The petitioner has published six books on the subject of Classical Music and has regularly appeared at Doordarshan and AH India Radio on invitation. It is further alleged that the petitioner as an Instructor discharged not only the duties of lecturer but also more than that. In the department of Music in Allahabad University, there are five lecturers and no Instructor at present. Subsequently, the University advertised the post of lecturer in Music and the petitioner being fully eligible and qualified was selected by the Selection Committee and was appointed as lecturer in Vocal Music vide appointment letter dated 12.5.1989 Annexure-2 to the petition, in paragraph 8 of the petition, it is alleged that as an Instructor and also after appointment as lecturer in Music Department, the petitioner has been discharging all the duties of a lecturer from the date of her initial appointment as Instructor.

(3.) In paragraph 9 of the petition, it is alleged that the Instructors Including the petitioner filed Writ Petition No. 5327 of 1982 claiming that since they have been discharging the duties of lecturer, they should be appointed and designated as lecturer. In paragraph 10 it is alleged that the Executive Council of the University has also passed resolution to the same effect. The aforesaid Writ Petition No. 5327 of 1982 was dismissed as infructuous in 1996 as in the meantime, the petitioner had been appointed as lecturer in 1989 after facing the Selection Committee.