R.B.Misra, J. - (1.) This writ petition has been filed seeking direction to regularise/absorb the petitioner on a permanent post in the school Bio Medical Engineering in the Institute of Technology, (in short hereinafter referred to as 'Institute') of Banaras Hindu University (in short called 'B.H.U.') for payment of salary from 'R' account (revenue account/ maintenance grant) of B.H.U. in a particular pay-scale.
(2.) Heard Sri S. P. Singh, learned counsel for the petitioner and Sri V. K. Upadhyay, learned counsel for the respondents.
(3.) The brief facts necessary for the adjudication of the writ petition are that the petitioner is M.Sc. (Chemistry) and Ph.D. and was initially appointed as Research Associate on 12.9.1991 on Rs. 2,200 per month in the scale of Rs. 2,200-100-2,700 with house rent allowance and contingency as per rules under 'Special Assistance Programme' in the department of ceramic engineering of 'B.H.U.' The petitioners' service was extended from time to time by means of letters/ orders of Registrar (Development), B.H.U., namely, by letters dated 28.9.1992, 8.9.1993, 25.10.1994, 27.11.1995 and 8.12.1995 indicating payment of Rs. 2,300 p.m., Rs. 2,400 p.m., Rs. 2,500 p.m. and Rs. 3,000 p.m. respectively, payable to the petitioners (enclosed as Annexures-2 to 5 to the writ petition). Another advertisement was issued on 15.7.1996 by the 'B.H.U., including the appointment to be made to the post of 'Research Associateships' in the school of Bio-Chemical, as well as in the 'institute'. The Research Associates were accommodated on Rs. 2.000, 3,300, 3,750 and 4,325 with annual increments in the scale of (A) Rs. 2,000-100-3,300 (B) Rs. 3,300-100-3,800 (C), Rs. 3,750-125-4,375 (D), Rs. 4.325-125-4,700-150-5,000 depending on educational qualifications, teaching/research experience and research work publication, etc., as per rules. The petitioner was approved on 29.11.1996 as a 'Research Associate' against permanent post in the 'Institute' and his period of engagement was extended for a period of one year each time by means of letters dated 23.12.1997, 7.1.1999, 29.12.1999 and 6.1.2001, respectively. The letters in respect of extension order of petitioner as a 'Research Associate' are enclosed as Annexures-12 to 15 to the writ petition. According to the petitioner, one Dr. S. P. Singh originally appointed as 'Research Associate' on 26.4.1977 was permanently absorbed in the post as lecturer in 'B.H.U.' which is a Central University for development where five years plans are maintained and in each five year plan, various development projects and extension of academic works are taken and in each plan, different posts are duly sanctioned by the University Grant Commission (in short called 'U.G.C.'}.;