- (1.) The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, praying that the respondents be directed to pay the salary of the petitioner on the post of Assistant Registrar in continuation since 1.5.1986, and be further directed to provide the petitioner seniority as Assistant Registrar with effect from 1.5.1986. Further prayer has been made for quashing the order dated 11.12.2000 (Annexure-6 to the writ petition) passed by the respondent No. 2. The writ petition was admitted by the order dated 30.7.2003, and time was given to the respondents for filing counter-affidavit. However, no counter-affidavit has so-far been filed on behalf of the respondents. In the circumstances, we are proceeding to decide the present writ petition on the basis of the contents of the writ petition and the Annexures thereto after hearing Shri Anurag Pathak, learned counsel for the petitioner and the learned standing counsel, appearing for the respondent Nos. 1 and 2. From a perusal of the writ petition and the Annexures thereto, it transpires that the petitioner was working on the post of Office Superintendent in Rohilkhand University, Bareilly (respondent No. 3) since 11.9.1979. During the period with effect from 1.5.1986 to 13.10.1987, the petitioner worked as Assistant Registrar in Rohilkhand University, Bareilly (respondent No. 3) under local arrangement, and thereafter, with effect from 14.10.1987 to 18.11.1991 the petitioner worked as Officer on Special Duty in the pay-scale of Assistant Registrar in Rohilkhand University, Bareilly (respondent No. 3) under local arrangement. By the order dated 19.11.1991 (Annexure-3 to the writ petition) issued by the respondent No. 2, the petitioner was promoted on the post of Assistant Registrar in Kumaun University in officiating capacity till further arrangement.
(2.) Shri Anurag Pathak, learned counsel for the petitioner has made statement that on 15.7.1985, the petitioner was transferred to Kanpur University on the post of Assistant Registrar. Shri Anurag Pathak, learned counsel for the petitioner further states that on 21.7.1997, the petitioner was transferred to Rohilkhand University, Bareilly (respondent No. 3).
(3.) The petitioner made a Representation dated 14.9.1999, inter alia, praying for fixation of his pay as well as seniority on the post of Assistant Registrar claiming benefit of his working as Assistant Registrar with effect from 1.5.1986 to 13.10.1987 and as Officer on Special Duty in the pay-scale of Assistant Registrar with effect from 14.10.1987 to 18.11.1991. The said Representation of the petitioner was forwarded to the respondent No. 2 by the Vice-Chancellor, Rohilkhand University, Bareilly (respondent No. 3) by a Communication dated 14.6.2000 (Annexure-5 to the writ petition). In the said Communication dated 14.6.2000, it was pointed out that the period when the petitioner worked as Assistant Registrar under local arrangement with effect from 1.5.1986 to 13.10.1987, and on the post of Officer on Special Duty in the pay-scale of Assistant Registrar with effect from 14.10.1987 to 18.11.1991 has not been taken into consideration while making fixation of pay as well as seniority pursuant to his promotion on the post of Assistant Registrar by the order dated 19.11.1991. The respondent No. 2 decided the said Representation of the petitioner by the order dated 11.12.2000 (Annexure-6 to the writ petition). The petitioner has, thereupon, filed the present writ petition seeking the reliefs as mentioned above.;