- (1.) We have heard Shri Shailendra, learned Counsel for the Petitioner. Shri Ajay Singh appears for the University. Shri V.K. Upadhyay appears for the University Grants Commission.
(2.) This writ petition is directed against the decision of the Executive Committee of Banaras Hindu University, Varanasi dated 8th/9th January, 2003, rejecting Petitioner's representation dated 13.3.2001; and for a direction to the University authorities to consider the Petitioner for promotion to the post of Professor under MPS 86 for which he had given option in 1998 and his claim to be treated as eligible for promotion w.e.f. 1995. He has also prayed for consequential relief of arrears of salary and fixation in the pay scale from the date of his entitlement.
(3.) The Petitioner had earlier filed Writ Petition No. 21250 of 2001, which was disposed of by this Court on 25.5.2001 to decide his representation. The Executive Council by its resolution No. 128 communicated to the Petitioner on 8th/9th January, 2003 rejected the Petitioner's representation. The resolution "ECR 128 at Item 14" is quoted as follows: ECR 128 ITEM 14 CONSIDERED the orders dated 25.5.2001 of the Hon'ble High Court, Allahabad on the Writ Petition No. 21250 filed by Dr. R.N. Singh, Reader, Department of Chemistry, BHU to decide the Petitioner's representation dated 13.3.2001 and letter dated 30.1.2001. The Hon'ble High Court, Allahabad has passed the following orders in the Writ Petition No. 21250 dated 25.5.2001 filed by Dr. R.N. Singh, Reader, Department of Chemistry, BHU The petition is disposed of with the directive to the authority concerned to decide the Petitioner's representation dated 13.3.2001 (Annexure 10 to the Writ Petition) preferable within 8 weeks from the date of production of certified copy of this order in accordance under the law. Since the case could not be disposed of by the University within the time stipulated by the Hon'ble High court, Dr. Singh filed a contempt writ No. 2704 of 2001. The Hon'ble High Court passed the following orders on 21.11.2001: Issue notice to opposite parties calling upon them as to why the contempt proceedings shall not be initiated against them by not disposing of the representation of the Petitioner dated 13.3.2001 as directed by the court on 25.5.2001. Opposite parties need not appear in person, if represented through counsel. Dr. R.N. Singh, aforesaid, was appointed as Temp. Lecturer in the Department of Chemistry w.e.f. 31.8.1979 followed by substantive appointment w.e.f. 21.12.1981. He was subsequently confirmed on 1.4.1983. He was placed in the Sr. scale w.e.f. 1.1.1986 vide E.C. Resolution dated October, 17-19, 1989. Dr. Singh applied further for promotion as Professor and Reader under M.P.S. in the Scale of Rs. 4500-5700 and Rs. 3000-5000 respectively and Reader under CAS in the scale of Rs. 3700-5700. He was called for interview on 27.2.1998 for both the positions under MPS and CAS. Dr. Singh exercised his option for promotion as Reader under MPS-86, presumably because of the fact that the MPS Reader with Rs. 3000-5000 pay scale were entitled to promotion as Professor under MPS, whereas the Readers under CAS were not entitled to promotion as Professors under MPS. Accordingly his case was not considered by the Selection Committee under CAS. He was not interviewed for promotion as Professor under MPS on 27.2.1998 as he was not holding the position of Reader, on the date. In this connection it is noted that the University is a large unit and the selection of teaching posts are arranged only on the availability of Visitor's nominees and expert members. The University has made efforts to convene the meetings of the Selection Committee but could not be held before 27.2.1998. In view of his option Dr. Singh was promoted as Reader under MPS-86 in the scale of Rs. 3000-5000 by the E.C. dated 28.2.1998. He accepted the offer on 28.2.1998. This promotion was antedated w.e.f. 31.8.1987 in view of ECR No. 524 dated 12-13 August and 14-15 October, 1997. Subsequently, the UGC vide its letter No. F.3-1/94 (PS)-6 dated October, 2000 communicated the following guidelines: The Commission decided that 8 years service as Reader in the scale of Rs. 3700-5700 (revised to Rs. 12000-18300) must remain the minimum eligibility for consideration of promotion from Reader to the post of Professor under Career Advancement Scheme. As a result of this directive of the UGC quoted above, Dr. R.N. Singh was rendered ineligible to be promoted as Professor under CAS as he was placed in the grade of Rs. 3000-5000. Keeping in view of the above directives of the UGC, No. Reader who was working in the scale of pay of Rs. 3000-5000 (revised to Rs. 10000-15200) has been promoted as Professor till date under CAS. Therefore, Dr. R.N. Singh who has been working as Reader in the grade of Rs. 10000-15200 (pre-revised Rs. 3000-5000), cannot be considered for promotion to the post of Professor under CAS due to the aforementioned reasons. However, the University has received a communication dated 1.11.2002 from the UGC annexing therewith a copy of Govt. of India letter dated 18.10.2002 regarding upgradation of the pay scale of the Readers under MPS. Because of some confusion in the letter dated 18.10.2002 of the Govt. of India, the benefit of upgradation of the pay scale of Readers under MPS was not possible to be extended by the University. The Registrar is directed to seek clarification from the UGC with regard to the inconsistencies in Clause I & III of the letter dated 18.10.2002, occurring due the parenthesis", "which been put before "w.e.f. 1.1.1996" instead of after "w.e.f. 1.1.1996". It is also directed that as soon as the UGC clarifies the matter and permits the Readers in the scale of Rs. 3000-5000 to be considered for further promotion under the Career Advancement Scheme (CAS), Dr. R.N. Singh and all other similarly situated teachers be considered for promotion under the Career Advancement Scheme. RESOLVED that in view of the letter of the UGC bearing No. F.3-1/94 (PS)-6 dated October 2000, the aforesaid representations of Dr. R.N. Singh for promotion as Professor has No. merit and is, therefore, disposed of accordingly. RESOLVED FURTHER that the Registrar be directed to seek clarification from the UGC with regard to the inconsistencies between Clause I & III of letter dated 18.10.2002 because of the parenthesis "," which has been put before "w.e.f. 1.1.1996" instead of after "w.e.f. 1.1.1996" and seek permission to consider such Readers for promotion under CAS. RESOLVED STILL FURTHER that as soon as the UGC communicates its clarification and removes the inconsistencies between Clause I & III of the letter dated 18.10.2002 enabling upgradation of Readers stagnating in the scale of Rs. 3000-5000 and also permits consideration of such Readers to be considered for promotion under CAS, the candidature of Dr. R.N. Singh and all other similarly situated teachers be considered by the University for promotion to the post of Professor under CAS. RESOLVED STILL FURTHER that the disposal of representations of Dr. R.N. Singh by the Executive Council as above, shall not come in the way of the University in considering the candidature of Dr. R.N. Singh for promotion to the post of Professor under CAS, upon receipt of communication from UGC as aforesaid. Registrar & Secretary to the Council Vice-Chancellor & Chairman Executive Council;