Devi Prasad Singh, J. - (1.) THE part time teachers working in various degree colleges in State of U.P. affiliated to respective universities, governed by the U.P. State Universities Act, 1973 (in short 1973 Act), have approached this Court under Article 226 of the Constitution of India for regularization of their services as well as for payment of regular pay scale. THE regularization and absorption has been claimed against duly created posts of lecturers in terms of Section 31-E of U.P. Higher Education Service Commission Act, 1980 (in short referred to as Commission Act), added by Third Amendment Act No.42 of 2006.
(2.) BRIEF facts giving rise to the dispute are discussed hereinafter: Since regular vacancies of the post of Lecturer in various degree colleges in the State of U.P., could not be filled up under the Commission Act, expeditiously, creating obstruction in imparting education to students, the State. Government of U.P., by an order dated 22.7.1986, permitted the Committee of Management of respective degree colleges to make appointment of part time lecturers on payment of fixed honorarium. Claiming regular pay scale being appointed against aforesaid vacancies, the part time teachers preferred Civil Misc. Writ Petition No.4812 of 1988, Km. Renu Tewari and others v. The Director, Higher Education, U.P., Allahabad and others. The petition was allowed by the order dated 4.10.1996 by a Division Bench of this Court. The operative portion of the judgment dated 4.10.1996 (supra), is reproduced as under: "In the premise we are of the view that the Government Order dated 22.7.1986 is liable to be quashed and the petitioners are entitled at least the minimum pay scale in the regular pay scale for lecturers teaching in same colleges. According to the petitioners it is scale of pay of Rs.2200-4000/-. In the circumstances, we direct that the petitioners be paid salary instead of per lecturer equivalent to Rs.15/-, if not already enhanced, in the minimum of the scale of pay. In case the pay scale has been enhanced, then salary shall be paid in the enhanced pay scale. We further provide that the case of the petitioners for regularization be considered in the light of observations made above and in accordance with law. The writ petition is allowed in terms mentioned above. Parties to bear their own costs." The Special Leave Appeal, filed against the judgment and order dated 4.10.1996 in the case of Km. Renu Tewari (supra), w.as dismissed, by the order dated 5.5.1997 passed by the Hon'ble Supreme Court after condoning the delay in filing the special leave petition. In view of dismissal of special leave petition by the Hon'ble Supreme Court with regard to the case of Km. Renu Tewari (supra), a large number of writ petitions were filed from time to time and almost all of them were decided in terms of judgment and order in the case of Km. Renu Tewari (supra). Since still the Higher Education Service Commission was slow in filling the regular vacancy at its end, the State Government took a policy decision by the Government Order dated 7.4.1998 permitting the Committee of Management to engage part time teachers on payment of honorarium subject to condition that candidate must possess requisite qualification in accordance with norms of University Grant Commission (UGC) and approval given by the Director Higher Education with regard to Government-added graduate and post graduate colleges. In consequence thereof, in the Government-added degree and post graduate colleges, a large number of part time teachers were appointed subject to payment of honorarium.
(3.) AN association of part time teachers, "Uchch Shiksha Yuva Kalyan Samiti", filed Civil Misc. Writ Petition No.37014 of 1999 which was allowed by a Division Bench of this Court at Allahabad, vide judgment and order dated 12.4.2002 in terms of judgment in the case of Km. Renu Tiwari (supra). It was impugned before the Hon'ble Supreme Court by the State Government and the judgment and order dated 12.4.2002 was stayed by their lordships of Hon'ble Supreme Court. Later on, the State Government on 20.3.2007, had withdrawn the special leave petition filed against the judgment and order dated 12.4.2002 (supra), on the ground that the State Government was inclined to absorb the part time lecturers on their respective posts subject to fulfilment of certain conditions. Since special leave petition was withdrawn, the Uchch Shiksha Yuva Kalyan Samiti filed a contempt petition on account of non-compliance of the judgment and order dated 12.4.2002 (supra). It appears that in consequence thereof, the Government Order dated 21.11.2007 was issued providing therein that all part time teachers who preferred writ petitions, shall be paid minimum pay scale at the rate of Rs.8000/- per month. The Government Order dated 21.11.2007 is reproduced as under: JUDGEMENT_665_UPLBEC1_2011Image1.jpg The order dated 21.11.2007 was further modified by the State Government by subsequent order dated 6.1.2009 which is reproduced as under: JUDGEMENT_665_UPLBEC1_2011Image2.jpg JUDGEMENT_665_UPLBEC1_2011Image3.jpg ;