GAYATRI SINGH Vs. DIRECTOR OF HIGHER EDUCATION

JUDGEMENT

(1.) M. Katju, J. This writ petition has been filed against the impugned order dated 17-6-1996 Annexure 12 to the writ petition and the order dated 13-1-1993 Annexure 9-A to the writ petition and quashing the condition of one year period in sub-clause 'cha' of the GO dated 30-6-1992 Annexure 9 to the petition and for a mandamus directing the respondents to fix the senior scale of the petitioner from 9-9-1985 taking into account the service as ad hoc lecturer from 9-9-1985 till 19-8-1986.

(2.) THE petitioner was appointed as ad hoc lecturer in the institution in question on 9-9-1985 vide Annexure 2 to the writ petition and thereafter she was selected by the U. P. Higher Education Service Com mission and her name was recommended vide order dated 14-8-1986 to the Manager of the College, i. e. Ishwar Saran Degree College, Allahabad vide Annexure 4 to the petition. In pursuance of this recommen dation, the Committee of Management of the college issued a fresh appointment let ter dated 20-8-1986 Annexure 5 to the petition. Since then the petitioner has been continuing as a regular lecturer from 20-8-1986 and was confirmed by the resolution of the Committee of Manage ment dated 2-9-1991 w. e. f. 1-4-1991. True copy of the confirmation letter is An nexure 6.

(3.) LEARNED Counsel for the petitioner submitted that the aforesaid condition in Clause 4 in the GO dated 30-6-1992 is arbitrary and discriminatory since a lec turer serving in ad hoc capacity appointed on the same day but selected by the Higher Education Commission after one year would get the benefit of senior scale from the date of his initial appointment while that benefit would not be available to the lecturer who was selected by the Commis sion before the expiry of one year. Hence, he urged that a person selected later would be better off than the person selected ear lier.