- (1.) BY the Court. - Heard Sri Ashok Khare, learned Counsel for the petitioner and the learned Standing Counsel.
(2.) THE petitioner No. 1 was appointed as Lecturer in Music and the petitioner No. 2 was appointed as Lecturer in Economics on ad hoc basis in Rajarshi Tandon Mahila Mahavidyalaya Allahabad on 7 -10 -1985 under Section 16 of the U.P. Higher Education Service Commission Act, 1980. Thereafter, they were regularised on 17 -6 -1992 and 20 -6 -1992 under Section 33 -C of the Act. The petitioners were not being paid salary from Government grant and hence the petitioners filed a writ petition being Writ Petition No. 1354 of 1993 which was disposed of by judgment dated 18 -11 -1996 vide Annexure 14 to the writ petition. In this judgment a finding has been recorded that the petitioners were given substantive appointment. The Director of Higher Education was directed to pass formal orders pertaining to creation of posts for the petitioners considering all the facts and circumstances of the case.
(3.) IT may be mentioned that under Section 60 -A (vi) of the U.P. State Universities Act, 1973, before 1 -4 -75 a post of teacher in a degree college could be created by the Vice Chancellor, but after 1 -4 -1975 it can be created by the Director, Higher Education. This view was also taken in the aforesaid writ petition No. 1354 of 1993 and connected petitions.;