- (1.) Heard Shri Aseem Kumar Rai, learned counsel for the petitioner, learned standing counsel for respondent Nos. 1 and 2 and Shri M.M. Sahai, learned counsel for respondent No. 3. Counter and rejoinder-affidavits have been exchanged between the parties. By means of this writ petition, the petitioner made the following prayers in the writ petition which are quoted below:- (I) Issue a writ, order or direction in the nature of certiorari to quash the oral termination order July, 2002 issued by the concerned respondent. (II) Issue a writ, order or direction in the nature of mandamus directing the respondents to regularise the services of the petitioner on the post of Lecturer in Dayanand Anglo Vedic Degree College, Varanasi from the initial date of appointment with all consequential benefits arising out of the regularisation. (III) Issue a writ, order or direction in the nature of mandamus directing the respondents to pay the salary to the petitioner as was advertised in nation wide circulated Daily Hindi Newspaper "Aaj" dated 18th August, 1991 and as is being paid to similarly situated lecturers are being paid. (IV) Any other writ, order or direction as this Hon'ble Court deems fit and proper under circumstances of the case. (V) Award the costs of writ petition to the petitioner.
(2.) Learned counsel for the petitioner argued that the petitioner applied for the post of Lecturer in Dayanand Anglo Vedic Degree College, Varanasi (hereinafter referred to as "Degree College") against substantive post of Lecturer in Commerce advertised in nation wide circulated Daily Hindi Newspaper "Aaj" dated 18th August. 1991. The advertisement and the application of the petitioner has been annexed as Annexures-1 and 2 to the writ petition. The petitioner discharged his duties as Lecturer continuously till the filing of the said writ petition without any appointment letter of Lecturer in the aforesaid Degree College and the petitioner is now being treated by the respondent on contract basis as part-time lecturer on a fixed amount not exceeding in case of Rs. 2,000 per month. It is then argued that the petitioner has rendered 11 years of continuous service in the degree collected. He is entitled for regularisation on the post of Lecturer from the date of appointment.
(3.) The petitioner has relied upon a judgment of Hon'ble Apex Court in Ravi Narain Mahapatra v. State of Orissa, 1991 2 SCC 599, in which it has been held that a teacher, who appointed only for 89 days, but continued for 4 years with short break, directed the respondents to treat the appellant as the regularly appointed teacher from his initial appointment.;