DEVINDRA KASHYAP Vs. THE PANJAB UNIVERSITY, CHANDIGARH

JUDGEMENT

(1.) Devindra Kashyap, a lecturer in the Department of Hindi, Panjab University, Chandigarh, through present petition filed by him under Articles 226/227 of the Constitution of India, seeks writ in the nature of mandamus directing the respondents to regularise him as lecturer in the Department of Hindi where he claims to be working on ad hoc/part time basis since August, 1986. He further prays that a direction be issued to the respondent to grant him all increments due to him from 1986-87 including all arrears of his salary due to him on that account as also other benefits.

(2.) From the array of facts, as have been given above, Mr. Patwalia, learned counsel for the petitioner, vehemently contends that not only that the petitioner adequately answers the academic qualifications required for the post of Lecturer in Hindi, he has been working in the department since 1986 till such time he filed the writ petition in the year 1994. From 1989-90 onwards, but for a brief gap in between, he had been appointed continuously. He was appointed on different dates as depicted above after an advertisement was issued and number of candidates had appeared for interview before the Selection Committee. Unfortunately, however, his services were dispensed with every time before summer vacation and immediately thereafter, another advertisement was issued and fresh selection made. This, as per the contention of the learned counsel, is nothing but an unfair practice adopted by the University, simply with a view to deny the petitioner the pay scale meant for the post of Lecturer in Hindi.

(3.) The cause of the petitioner has been opposed and in the written statement that has been filed through Shri S.P. Dhawan, Registrar of the University, the basic facts with regard to appointment of petitioner on various dates either as part-time Lecturer or on ad hoc basis, have not been disputed. The relief asked for by the petitioner has, however, been sought to be contested on the ground that the University has framed its regulations and as per Regulation 5 of the University Calendar, Vol. I, 1994, the Vice Chancellor has power to make an emergent temporary appointment for a period not exceeding one year. Once the appointment of petitioner was made in pursuance of the powers conferred upon the Vice Chancellor under Regulation 5, no exception can be had to temporary appointment of the petitioner.