PATNA UNIVERSITY Vs. DRAMITATIWARI MRS
LAWS(SC)-1997-8-21
SUPREME COURT OF INDIA (FROM: PATNA)
Decided on
August 27,1997
PATNA UNIVERSITY
Appellant
VERSUS
DRAMITATIWARI
Respondents
Cited Judgements :-
AVINASH BHARGAVA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2000-2-13] [REFERRED TO]AZGAR HUSSAIN M D VS. BRANCH MANAGER LLC [LAWS(APH)-1999-12-55] [REFERRED TO]
DISTRICT JUDGE BAGHPAT VS. ANURAG KUMAR [LAWS(ALL)-2005-5-269] [REFERRED TO]
GUJARAT WATER SUPPLY AND SEWERAGE BOARD AND ORS VS. HARKANTBHAI K VYAS AND ORS [LAWS(GJH)-2014-3-251] [REFERRED TO]
RAM KRISHNA VS. STATE OF U.P. [LAWS(ALL)-2017-5-166] [REFERRED TO]
Umakanta Samal VS. Sakuntala Sahoo [LAWS(ORI)-2008-8-46] [REFERRED TO]
ASHOK KUMAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2000-5-72] [REFERRED TO;]
RENU SHARMA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2001-2-82] [REFERRED TO]
ARUN KUMAR SAXENA VS. STATE OF U.P. THROUGH PRIN. SECY. RURAL ENGINEERING DEPTT. L [LAWS(ALL)-2017-4-29] [REFERRED TO]
JIGYASA TIWARI VS. STATE OF U.P. [LAWS(ALL)-2022-5-121] [REFERRED TO]
VINOD KUMAR SINGH VS. STATE OF U.P. THRU PRIN. SECY. HIGHER EDU. CIVIL SECTT.LKO. & ORS. [LAWS(ALL)-2017-4-61] [REFERRED TO]
P V V SUBRAHMANYAM VS. REGISTRAR WALTAIR [LAWS(APH)-2002-7-117] [REFERRED TO]
RAM CHANDRA JOSHI AND VS. STATE OF RAJASTHAN [LAWS(RAJ)-1999-9-18] [REFFERED TO : 1997 AIR SCW 3544 : 1997 LAB IC 3364 27]
THOMAS CHANDY VS. RAJASTHAN FINANCIAL CORPORATION [LAWS(RAJ)-1998-4-53] [REFERRED TO]
PRAKASH CHAND VS. STATE OF RAJASTHAN [LAWS(RAJ)-2001-11-63] [REFERRED TO]
KIRTI PATHAK VS. STATE OF RAJASTHAN [LAWS(RAJ)-1998-3-96] [REFERRED TO]
SARDAR SINGH VS. DEPUTY DIRECTOR OF EDUCATION JHANSI DIVISION [LAWS(ALL)-2003-11-177] [REFERRED TO]
TRILOKI NATH DWIVEDI GAJADHAR PRASAD DWIVEDI VS. DISTRICT JUDGE [LAWS(ALL)-2004-4-10] [REFERRED TO]
OFFICIAL LIQUIDATOR VS. DAYANAND [LAWS(SC)-2008-11-120] [REFERRED TO]
STATE OF BIHAR VS. UPENDRA NARAYAN SINGH [LAWS(SC)-2009-3-191] [RELIED UPON]
MUNICIPAL BOARD RAISINGH NAGAR VS. HARISH CHANDRA JOSHI [LAWS(RAJ)-2002-2-18] [REFERRED TO]
RAVINDRA PAL MISHRA SRI CHANDRA SHEKHAR MISHRA VS. ETAH DISTRICT CO OPERATIVE BANK LTD [LAWS(ALL)-2004-3-253] [REFERRED TO]
KRISHNA MOHAN SINGH VS. STATE OF U P [LAWS(ALL)-2005-1-151] [REFERRED TO]
DR. A.P.J. ABDUL KALAM TECH. UNVI. THRU. VICE CHANCELLOR AND ANR. VS. STATE OF U.P. THRU. PRIN. SECY. TECHNICAL EDU. DEPTT. AND ANR. [LAWS(ALL)-2017-4-32] [REFERRED TO]
MOHD. ARSHAD VS. STATE OF U.P. [LAWS(ALL)-2019-12-243] [REFERRED TO]
RAM NARESH SINGH VS. U.P. STATE SOCIAL WELFARE [LAWS(ALL)-2017-7-52] [REFERRED TO]
SHAILENDRA KUMAR OJHA VS. STATE OF U P [LAWS(ALL)-2003-11-2] [REFERRED TO]
SUJA RAM GURJAR VS. UNION OF INDIA [LAWS(RAJ)-1998-2-40] [REFERRED TO]
STATE OF U P VS. PRESIDING OFFICER LABOUR COURT II [LAWS(ALL)-2003-3-149] [REFERRED TO]
MANSUKH LAL SARAF VS. ARUN KUMAR TIWARI AND ORS. [LAWS(MPH)-2015-8-10] [REFERRED TO]
KULBHUSHAN SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2001-8-189] [REFERRED TO]
JUDGEMENT
M. Jagannadha Rao, J. -
(1.)This Civil Appeal has been preferred by the Patna University and the Vice-Chancellor of the said University against the judgment of the Patna High Court dated 24-4-1992 in C.W.J.C. No. 6824 of 1991 allowing writ petition filed by the respondent and directing implementation of two orders of the Chancellor of the University. The first order dated 18-9-1990 of the Chancellor directed the Patna University to regularise the services of the respondent writ petitioner "on compassionate grounds" while the second dated 22-6-1991 directed implementation of the direction contained in the earlier letter of the Chancellor dated 18-9-1990.
(2.)The facts of the cases are as follows: The respondent holds a degree of B.Sc. (Home Science) with specialisation in Foods and Nutrition from the University of Udaipur and also an M. A. in Sociology from Patna University. (Later she also obtained a Ph.D from the same University). In 1981, Patna Womens College opened the Department of Home Science. Initially, the respondent was working in Siddharth Mahila College. As per the statutes of the University in force at that time, the qualification for appointment as Lecturer was P.G. degree in Home Science or in an "allied subject". Respondent resigned her job and applied to the Patna Womens College as she had a P.G. degree in an "allied subject", viz. Sociology. The respondent was appointed on 1-10-1982 on an "ad hoc" basis to take up the P.G. Home Science Classes and the Principal by letter No. 5/1983 dated 13-1-1983 requested the Vice-Chancellor to permit the respondent to "engage" P.G. Classes on an ad hoc basis and be paid per lecture. The Vice-Chancellor, by letter no. 47 dated 25-1-1983 gave approval and on that basis, the Education Department of the Govt. of Bihar wrote to the Patna University on 24-2-1983 that Governor has accorded sanction for two posts of lecturers on ad hoc and purely temporary basis and for paying an honorarium of Rs. 25/- per lecture subject to a maximum of Rs. 1250/- p.m. The letter also stated:
"Please take necessary steps for regular appointment against these posts immediately because the aforesaid arrangement has been approved only on purely temporary basis."
(3.)On 26-2-1983, the University informed the Principal of the Patna Womens College that the respondent was "allowed for engaging P.G. classes" on Rs. 25/- per lecture subject to a maximum of Rs. 1250/-. It was also stated:
"This is purely on ad hoc arrangement till a regular appointment is made in accordance with the provisions of law."
(2.)The facts of the cases are as follows: The respondent holds a degree of B.Sc. (Home Science) with specialisation in Foods and Nutrition from the University of Udaipur and also an M. A. in Sociology from Patna University. (Later she also obtained a Ph.D from the same University). In 1981, Patna Womens College opened the Department of Home Science. Initially, the respondent was working in Siddharth Mahila College. As per the statutes of the University in force at that time, the qualification for appointment as Lecturer was P.G. degree in Home Science or in an "allied subject". Respondent resigned her job and applied to the Patna Womens College as she had a P.G. degree in an "allied subject", viz. Sociology. The respondent was appointed on 1-10-1982 on an "ad hoc" basis to take up the P.G. Home Science Classes and the Principal by letter No. 5/1983 dated 13-1-1983 requested the Vice-Chancellor to permit the respondent to "engage" P.G. Classes on an ad hoc basis and be paid per lecture. The Vice-Chancellor, by letter no. 47 dated 25-1-1983 gave approval and on that basis, the Education Department of the Govt. of Bihar wrote to the Patna University on 24-2-1983 that Governor has accorded sanction for two posts of lecturers on ad hoc and purely temporary basis and for paying an honorarium of Rs. 25/- per lecture subject to a maximum of Rs. 1250/- p.m. The letter also stated:
"Please take necessary steps for regular appointment against these posts immediately because the aforesaid arrangement has been approved only on purely temporary basis."
(3.)On 26-2-1983, the University informed the Principal of the Patna Womens College that the respondent was "allowed for engaging P.G. classes" on Rs. 25/- per lecture subject to a maximum of Rs. 1250/-. It was also stated:
"This is purely on ad hoc arrangement till a regular appointment is made in accordance with the provisions of law."
Copyright © Regent Computronics Pvt.Ltd.