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2012 DIGILAW 620 (ALL)

RAJA BABU SHARMA v. STATE OF U. P.

2012-03-14

S.P.MEHROTRA, SUNITA AGARWAL

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Hon'ble Satya Poot Mehrotra,J. Hon'ble Mrs. Sunita Agarwal,J. The present Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India, inter-alia, praying that the respondents be directed to pay the salary of the petitioner on the post of Assistant Registrar in continuation since 1.5.1986, and be further directed to provide the petitioner seniority as Assistant Registrar with effect from 1.5.1986. Further prayer has been made for quashing the Order dated 11.12.2000 ( Annexure 6 to the Writ Petition) passed by the respondent no.2. 2. The Writ Petition was admitted by the Order dated 30.7.2003, and time was given to the respondents for filing Counter Affidavit. However, no Counter Affidavit has so-far been filed on behalf of the respondents. 3. In the circumstances, we are proceeding to decide the present Writ Petition on the basis of the contents of the Writ Petition and the Annexures thereto after hearing Shri Anurag Pathak, learned counsel for the petitioner and the learned Standing Counsel, appearing for the respondent nos. 1 and 2. 4. From a perusal of the Writ Petition and the Annexures thereto, it transpires that the petitioner was working on the post of Office Superintendent in Rohilkhand University, Bareilly ( respondent no.3) since 11.9.1979. During the period with effect from 1.5.1986 to 13.10.1987, the petitioner worked as Assistant Registrar in Rohilkhand University, Bareilly ( respondent no.3) under local arrangement, and thereafter, with effect from 14.10.1987 to 18.11.1991 the petitioner worked as Officer on Special Duty in the pay-scale of Assistant Registrar in Rohilkhand University, Bareilly ( respondent no.3) under local arrangement. 5. By the Order dated 19.11.1991 ( Annexure 3 to the Writ Petition) issued by the respondent no.2, the petitioner was promoted on the post of Assistant Registrar in Kumaun University in officiating capacity till further arrangement. 6. Shri Anurag Pathak, learned counsel for the petitioner has made statement that on 15.7.1985, the petitioner was transferred to Kanpur University on the post of Assistant Registrar. 7. Shri Anurag Pathak, learned counsel for the petitioner further states that on 21.7.1997, the petitioner was transferred to Rohilkhand University, Bareilly ( respondent no.3). 8. 6. Shri Anurag Pathak, learned counsel for the petitioner has made statement that on 15.7.1985, the petitioner was transferred to Kanpur University on the post of Assistant Registrar. 7. Shri Anurag Pathak, learned counsel for the petitioner further states that on 21.7.1997, the petitioner was transferred to Rohilkhand University, Bareilly ( respondent no.3). 8. The petitioner made a Representation dated 14.9.1999, inter-alia, praying for fixation of his pay as well as seniority on the post of Assistant Registrar claiming benefit of his working as Assistant Registrar with effect from 1.5.1986 to 13.10.1987 and as Officer on Special Duty in the pay-scale of Assistant Registrar with effect from 14.10.1987 to 18.11.1991. The said Representation of the petitioner was forwarded to the respondent no.2 by the Vice Chancellor, Rohilkhand University, Bareilly ( respondent no.3) by a Communication dated 14.6.2000 ( Annexure 5 to the Writ Petition). 9. In the said Communication dated 14.6.2000, it was pointed out that the period when the petitioner worked as Assistant Registrar under local arrangement with effect from 1.5.1986 to 13.10.1987, and on the post of Officer on Special Duty in the pay-scale of Assistant Registrar with effect from 14.10.1987 to 18.11.1991 has not been taken into consideration while making fixation of pay as well as seniority pursuant to his promotion on the post of Assistant Registrar by the Order dated 19.11.1991. 10. The respondent no.2 decided the said Representation of the petitioner by the Order dated 11.12.2000 ( Annexure 6 to the Writ Petition). The petitioner has, thereupon, filed the present Writ Petition seeking the reliefs as mentioned above. We have heard Shri Anurag Pathak, learned counsel for the petitioner and the learned Standing Counsel, appearing for the respondent nos. 1 and 2. It is submitted by Shri Anurag Pathak, learned counsel for the petitioner that prior to his promotion by the Order dated 19.11.1991, the petitioner worked as Assistant Registrar and thereafter as Officer on Special Duty in the pay-scale of Assistant Registrar, and therefore, the benefit of his working as Assistant Registrar and thereafter as Officer on Special Duty in the pay-scale of Assistant Registrar prior to 19.11.1991 ought to have been given to the petitioner while making fixation of pay as well as seniority pursuant to his promotion on the post of Assistant Registrar by the Order dated 19.11.1991. 12. In reply, the learned Standing Counsel appearing for the respondent nos. 12. In reply, the learned Standing Counsel appearing for the respondent nos. 1 and 2 submits that the working during the period prior to 19.11.1991 as Assistant Registrar, and thereafter, as Officer on Special Duty in the pay-scale of Assistant Registrar was purely under local arrangement, and the petitioner could not be given any benefit for such working while fixing his salary pursuant to his promotion by the Order dated 19.11.1991 nor could the petitioner be given any benefit for the purposes of seniority on the basis of such working. We have considered the submissions made by the learned counsel for the parties. In the Order dated 11.12.2000, the respondent no.2 has pointed out that the petitioner worked as Assistant Registrar prior to 19.11.1991 merely under local arrangement. There was no post created by the State Government at the time of the appointment of the petitioner nor was the petitioner appointed against any such post. In the circumstances, the petitioner could not be given any pay protection on the basis of his working as Assistant Registrar prior to 19.11.1991. The said Order dated 11.12.2000 has further observed that the salary for the post of Assistant Registrar would be admissible to the petitioner with effect from the date of his taking charge in compliance of the Order dated 19.11.1991 passed by the State Government. 13. In our opinion, the respondent no.2 has not committed any illegality in passing the Order dated 11.12.2000. The petitioner was never appointed on the post of Assistant Registrar on any such post created by the State Government. The petitioner merely worked as Assistant Registrar or as Officer on Special Duty in the pay-scale of Assistant Registrar under local arrangement prior to 19.11.1991. It was only by the Order dated 19.11.1991 that the petitioner was given promotion on the post of Assistant Registrar in officiating capacity till further arrangement, and therefore, as the Order dated 11.12.2000 has noted, the salary of the petitioner was to be sanctioned on the post of Assistant Registrar with effect from the date of joining pursuant to the Order dated 19.11.1991. The working by the petitioner as Assistant Registrar, and thereafter as Officer on Special Duty in the pay-scale of Assistant Registrar being purely under local arrangement, could not be taken into consideration while fixing his salary or seniority pursuant to his promotion by the Order dated 19.11.1991. 14. The working by the petitioner as Assistant Registrar, and thereafter as Officer on Special Duty in the pay-scale of Assistant Registrar being purely under local arrangement, could not be taken into consideration while fixing his salary or seniority pursuant to his promotion by the Order dated 19.11.1991. 14. In the circumstances, we are of the opinion that the Writ Petition filed by the petitioner lacks merits, and the same is liable to be dismissed. The Writ Petition is accordingly dismissed. However, on the facts and in the circumstances of the case, there will be no order as to costs.