BHARAT BHUSHAN, J. - (1.) BY means of this writ petition, the petitioner has prayed for the following reliefs:- (i) A writ, order or direction in the nature of certiorari quashing the order of the Chancellor dated 13.5.2002 in so far as it rejects the claim of the petitioner pertaining to divesting all duties of Head of Department and declines to sanction benefit of personal promotion from the date of acquisition of eligibility of the petitioner. (ii) A writ, order or direction in the nature of certiorari quashing the order dated 15.9.2001 issued by the Vice Chancellor, Chaudhary Charan Singh University, Meerut. (iii) A writ, order or direction in the nature of certiorari quashing the order dated 29.5.1999 issued by the Registrar, Chaudhary Charan Singh University, Meerut in so far as it limits the benefits of personal promotion as Professor only from the date of assumption of charge in pursuance to the said order. (iv) Issue a writ, order or direction in the nature of certiorari quashing the Executive Council's Resolution as contained in Sankalp Sankhya 6 -B having been resolved in its meeting dated 1.6.2008 and communication therefore by Registrar, Chaudhary Charan Singh University, Meerut through its letter dated 5.6.2008. (v) A writ, order or direction commanding the respondents university to sanction designation and consequential seniority as Professor to the petitioner from 30.3.1990 or 30.3.1992 within a period to be specified by this Court.
(2.) THE facts necessary for adjudication of the present dispute are that the petitioner having Doctorate Degrees in Physics as well as M.Phil in Physics, was appointed as Reader on 30.3.1982 in the Department of Physics in Chaudhary Charan Singh University, Meerut, governed by the provisions of UP State Universities Act, 1973 (hereinafter referred as 'University Act') and the First Statutes of the Meerut University. The work and conduct of the petitioner is said to have been fully satisfactory throughout the length of his service. The said 'University Act' was amended w.e.f. 10.10.1984 by means of UP Act No. 9 of 1985 whereby incorporating Section 31 -A for facilitating the grant of personal promotion to the teachers of University. It contemplated the scheme of personal promotion of teachers to the post of Reader or Professor. This scheme envisaged that personal promotion was to be given on recommendation of Selection Committee constituted under Clause (a) of Sub-section 4 of Section 31 in such manner and subject to such conditions as may be prescribed. In continuation and for effectuating the aforesaid provision Statute 11 -12 -B was incorporated to the Statute of Meerut University which provides inter -alia that a Reader who has put in at least 10 years full time continuous service as such, would be eligible for grant of personal promotion to the post of Professor.
(3.) PETITIONER claims that he had completed ten years length of service as regular Reader on 30.3.1992 thereby became eligible for grant of personal promotion to the post of Professor. He submits that immediately upon completion of ten years length of service as Reader he submitted self assessment report referred under Statute 11 -12 -B (3) of Meerut University to the then Head of Department with request to grant personal promotion to him. It is stated that no action was taken and no meeting of Statutory Selection Committee was convened for consideration of personal promotion of petitioner till 1998. On 12.9.1998, Statutory Selection Committee met for considering the appointment of Professor in the department of Physics. But apparently, petitioner's papers were not placed for consideration before this Committee impelling him to file representation before the Chancellor on 5.10.1998 ventilating his grievance. Subsequently meeting of Selection Committee was convened on 23.3.1999 and the Selection Committee recommended grant of personal promotion to the petitioner which was approved by Executive Council of the University and by a formal order dated 29.5.19999 issued by the Registrar of the University, petitioner was granted personal promotion as Professor effective from the date of assumption of charge pursuant to the order of promotion. Petitioner joined as professor on 29.5.1999.;