RAVINDRA NATH PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri U.N. Sharma, learned counsel for the petitioner and learned counsel for the respondents. In this case although the petition was admitted on 9.7.1992, no counter affidavit has been filed as yet. The petitioner is challenging the impugned order dated 20.6.1992 annexure 6 to this petition by which his prayer for regularisation as lecturer in Economics in National Degree College, Barahalganj, Gorakhpur has been rejected.

(2.) The post of lecturer fell vacant and therefore a requisition was sent to the District Inspector of Schools, Gorakhpur on 15.2.1989 annexure 1 to this writ petition. Thereafter the committee of Management of the Institution obtained a letter of permission for making appointment from the Regional Higher Education officer Gorakhpur and the same was given by letter dated 19.4.1989 annexure 2 to this writ petition, since the commission failed to appoint, an advertisement was made in the daily newspaper 'Dainik Jagran' on 31.3.1989, inviting applications from the eligible candidates for the appointment to the post of lecturer . The petitioner applied and an interview took place and ultimately the petitioner was appointed by the committee and a letter of approval was also obtained from the University. Initially the letter of appointment was from 4.12.1989 but later on this order/letter was modified to the effect that the approval is granted w.e.f. the date on which the petitioner had taken charge. The photo copy of letters dated 4.12.1989 and 16.1.1990 are annexures no. 3 and 4 this writ petition. The petitioner started teaching in the institution w.e.f. 1.8.1989 in pursuance of the letter of the Committee of Management date 30.7.1989. The true copy of the appointment letter is annexed to this writ petition as annexure 2-A.

(3.) In para 6 of the petition it has been stated that the approval from the University was given to the petitioner from time to time and ultimately the State Government promulgated an ordinance on 22.11.1991 known as the U.P. Higher Education Service Commission (Amendment) ordinance which later on became an Act. This ordinance introduced Section 31-C in the Act. This provision provides for regularisation.