M. L. Bhat. J. - (1.) THE petitioner seeks a writ of mandamus commanding the opposite parties to designate the petitioner as a Lecturer in Sociology in the Institution in question from 1978 or 4-1-1982 and to pay him the salary of the post of Lecturer from the said dates and to continue to pay him salary In future also. Further writ of mandamus is sought for creation of a post of Lecturer in Sociology in the Institution in question w e.f. 1978 or from 1982
(2.) THE facts relevant for the decision of this petition are that the petitioner was appointed as an Assistant Teacher for teaching in National Inter College. Pindari, Varanasi (hereinafter called the Institution in question) in the year 1959. In the year 1978, College was recognised for teaching Sociology. THE petitioner was assigued the job of teaching in Sociology since 1978. In 1979, the first batch of students in the subject of Sociology appeared in the Intermediate Examination held in the subject and since then, the students of the College are continuously studying and appearing in the Intermediate Examination in the subject of Sociology which is being taught by the petitioner. The recognition for teaching Sociology in the College was cancelled in the year 1980. The petitioner was not informed about the cancellation and he continued to teach Sociology as required by the Management of the College. Subsequently, in the year 1982. the recognition was again granted to the College for teaching Sociology. Copy of letter dated 4-1-1982, which is Annexure '3' is annexed to the writ petition in this regard. The petitioner who is teaching in the subject of Sociology in the College is not being paid his salary as a Lecturer. He is said to have made several representations to the Collector Authorities and to the State of U. P. and Education Department which have not been considered. He has appended copies of representations made by him on 20-1-1984, 20-9-1986 and 4-8-1987. The petitioner was not given salary which is payable to the Lecturer in Sociology. The petitioner is discharging the functions of a Lecturer by teaching the subject of Sociology at Intermediate level. Therefore, he is entitled to get this salary of Lecturer's grade. The petitioner Is fully qualified to be appointed as Lecturer in Sociology and he in fact has been working as Lecturer. Management of the College has also written to the Authorities that the recognition for teaching the Sociology had been granted, therefore, the post of Lecturer in Sociology be created otherwise recognition for teaching Sociology in the College would become meaningless. The petitioner seems to have approached the State Government through some member of the Legislative Assembly who was assured that necessary directions have been made to accede to the petitioner's request. Under the provisions of law the respondents can create a post of Lecturer for teaching Sociology and the petitioner claims that the respondents are doty-bound to make adequate arrangements for the students and are bound to create a post of Lecturer to enable the students to study the subject of Sociology which is a recognised subject in the College, w.e.f. the date of recognition of the subject of Sociology, the petitioner is entitled to be treated as Lecturer. He claims equal pay for equal work because he is actually discharging the functions of a Lecturer.
(3.) THE counter affidavit has been filled by the respondents. It is submitted that the recognition for teaching the Sociology was granted to the College on the condition that no financial burden would be thrown on the State and that till further orders no post of Lecturer will be created nor will be any Lecturer appointed in the subject of Sociology. THErefore, the petitioner can't be treated as a Lecturer because that involves payment of additional salary and would burden the State with extra expenditure which it could not undertake on account of the condition Imposed In the order whereby recognition in the subject of Sociology was initially granted. In the order dated 4-1-1982 by which recognition to teach Socio- logy was again granted a condition has been incorporated which says that the State Government will not undertake any extra expenditure for paying higher salary to the Lecturer which posts can neither be created nor can anybody bo appointed as Lecturer. The teaching of Sociology was to be managed by the College itself through the members of staff who are already serving in the College.;