- (1.) This writ petition by Dr. Ashish Kumar challenges the decision of the Vice-Chancellor, Chhatrapati Shahuji Maharaj Nagar, Lucknow (hereinafter referred to as 'the CSMMU') contained in Registrar's letter dated 23.2.2010 and also the consequential orders and actions contained in letter of the Registrar dated 23.2.2010, the decision of the Executive Council, CSMMU dated 10.12.2009 and the minutes/report of the Seniority Committee dated 24.9.2009 and the Chancellor's decision dated 27.7.2009. In brief, the facts of the case are, that Dr. Ashish Kumar, the petitioner, was appointed as Casualty Medical Officer on 24.7.1998 in the then King George's Medical College, a constituent College of Lucknow University, where he worked as such till 30.7.2001. On 28.7.2001, a Government order was issued by the State Government, converting the post of Casualty Medical Officer into Lecturer, with permission to absorb the incumbent working on the said post on the converted post of Lecturer.
(2.) Consequently, the petitioner took charge of the post of Lecturer on 31.7.2001 and was designated as Assistant Professor vide order dated 28.2.2002 from the date of joining on the post of Lecturer i.e. with effect from 31.7.2001. The Executive Council vide its order dated 17.6.2004 amended the date of designation as Assistant Professor from 31.7.2001 to 28.2.2002. The Executive Council again modified the date of designation as Assistant Professor vide order dated 5.1.2005 to 31.7.2001. Personal promotion was given to the petitioner on the post of Associate Professor vide order dated 6.5.06 from the date of eligibility i.e. 31.7.2005. He submitted his joining on the post of Associate Professor on 6.5.2006.
(3.) It is admitted case of the parties that designation of the post of Assistant Professor on 31.7.2001 to the petitioner was granted, considering his experience of non-teaching post of Casualty Medical Officer as teaching experience in view of Statute 10.01-A of the First Statutes of the Lucknow University.;