VASHISHTHA NARAIN PANDEY v. CHANCELLOR, DEAN DAYAL UPADHYAYA UNIVERSITY
2001-11-21
M.KATJU, S.K.SINGH
body2001
DigiLaw.ai
M. KATJU, J. ( 1 ) THE petitioner has alleged that he possessed a good academic record and was awarded Ph. D. Degree in Botany from Gorakhpur University in the year 1989 and he was engaged to teach m. Sc. (Agricultural Botany), Part-I Class since September, 1989 vide Annexure-2 to the petition. He was working as Junior Research Assistant in Botany Department since 20. 11. 87. By subsequent order dated 20. 2. 90 Annexure-3 to the writ petition, of the Vice-Chancellor, some teachers including the petitioner were appointed. The petitioner was also appointed through the aforesaid letter dated 20. 2. 90 on monthly salary of Rs. 600/- per month. The petitioner was appointed as teacher on temporary basis. The very fact that the petitioner has been described as a member of the teaching staff vide Annexure-6 to the writ petition, shows that it has been admitted by the University that the work of teacher was being taken from the petitioner, though he was also doing research work. It appears that he continued as such till 1996 vide annexures-11 and 12 to the writ petition. Papers were sent by the University to the CSIR, New delhi stating it is possible to regularize the petitioner as lecturer in Botany in the pay scale 2200-4000. ( 2 ) LEARNED Counsel for the petitioner Sri S. K. Kalia has relied on the provision of Section 31 (3) (c) of the U. P. State University Act, 1973 which reads as under: (c) Any teacher of the University who was appointed as lecturer on or before June 30, 1991 without reference to the Selection Committee by way of a short term arrangement in accordance with the provision for the time being in force for such appointment may be given substantive appointment by the Executive Council, if any substantive vacancy of the same cadre and grade in the same department is available on November 22, 1991, if such teacher. (i) is serving as such on 22nd Nov. , 1991 continuously since such initial appointment by way of short term arrangement; (ii) possessed on 22nd Nov. , 1991 the qualification required for regular appointment to the post under provisions of the relevant Statutes in force on the date of initial appointment; (iii) has been found suitable for regular appointment by the Executive Council.
, 1991 continuously since such initial appointment by way of short term arrangement; (ii) possessed on 22nd Nov. , 1991 the qualification required for regular appointment to the post under provisions of the relevant Statutes in force on the date of initial appointment; (iii) has been found suitable for regular appointment by the Executive Council. A teacher appointed by way of short term arrangement as aforesaid who docs not get a substantive appointment under this clause shall cease to had such post on such date as the executive Council may specify. ( 3 ) ON the strength of the aforesaid provision Sri Kalia submits that the petitioner satisfies the requirement of the Section 31 (3) (c) and hence he should be deemed to have been regularized. ( 4 ) HOWEVER, the Chancellor by the impugned order dated 2. 5. 2000 Annexure-1 to the writ petition, has rejected the claim of the petitioner, stating that the petitioner does not fulfill the requirement of Section 31 (3) (c) of the Act. It has been mentioned in Sub-clause (19) of Section 2 of the Act, that teacher of the University means a teacher employed by the University for imparting instruction and guiding or conducting research either in the University or in an institute or in a consistent college maintained by the University. ( 5 ) ADMITTEDLY, the petitioner was appointed for imparting education vide Annexures-3 and 6 to the writ petition. There are only 3 kind of teachers, namely, Professor, Reader and Lecturer. Even if the petitioners belongs to the lowest of these categories he has at least to be regarded as a lecturer. Hence in our opinion, the petitioner was appointed as ad hoc lecturer and since he satisfies the requirement of Section 31 (3) (c) of the Act should have been deemed to be confirmed as a lecturer. ( 6 ) THE Chancellor has held in the impugned order that Section 31 (3) (c) will not apply as the petitioner was appointed a teacher and not a lecturer. We have already observed that a teacher is at least a lecturer and hence we do not agree with the view taken by the Chancellor. ( 7 ) LEARNED Counsel for the respondents has admitted that the petitioner was appointed as a teacher on a fixed salary from 1. 2. 90 to 31. 5. 90.
We have already observed that a teacher is at least a lecturer and hence we do not agree with the view taken by the Chancellor. ( 7 ) LEARNED Counsel for the respondents has admitted that the petitioner was appointed as a teacher on a fixed salary from 1. 2. 90 to 31. 5. 90. However, there is no dispute that the petitioner was continued even thereafter as a teacher which is evident from Annexures-6, 11 and 12 to the writ petition. Learned Counsel as the respondents has stated that the petitioner was only getting an honorarium. However, learned Counsel for the petitioner has pointed out that the petitioner was getting salary of lecturer. He was getting Rs. 600/- per month from the University and the balance salary of lecturer came initially from DST and subsequently from CSIR and hence he was getting the same salary as that of lecturer. Moreover, the Act does not draw any distinction between teachers, who are getting salary and teachers who are getting honorarium. ( 8 ) A perusal of Section 31 (3) (c) of the Act shows that no such distinction as is being sought to be drawn by the learned Counsel for the respondents has been made in the statute. Hence we can not accept the argument of the learned Counsel for the respondents. ( 9 ) IN view of the aforesaid, the petition is allowed and the impugned order dated 2. 5. 2000 (Annexure-1 to the writ petition) and proceedings of the Executive Council dated 19. 7. 98 (Annexure-24 to the writ petition) are hereby quashed. The petitioner shall be deemed to have been confirmed as lecturer in view of Section 31 (3) (c) of the Act. He shall be permitted to join as a lecturer and to get regular salary. The arrears shall be paid within three months from the date of production of a certified copy of this order. .