B.L. Yadav, J. - (1.) THESE seven analogous writ petitions involve similar questions for our consideration, hence it is convenient to dispose them of by a common judgment. Dr. S.B. Singh and others v. State of U.P. and others writ petition No. 10970 of 1986, would be the leading case. Whether the petitioners were entitled to the benefit of doctrine of promissory estoppel and the natural justice and Doctrine of Legitimate Expectation, whether the impugned orders are arbitrary and discriminatory, are the questions for our determination.
(2.) THE portrayal of the essential facts are these. The Petitioners are the members of the teaching staff of Chandra Shekhar Azad University of Agriculture and Technology, Kanpur (Compendiously the University), was established under Sec. 2A(1)(ii) of Uttar Pradesh Krishi Evam Prodyogik Vishwavidyalaya Adhiniyam, 1958 (Compendiously the Act). The petitioners have prayed for issuance of a writ of certiorari quashing the impugned G.O. dated 30.6.1986 (Annexure -5) adversely affecting the pay scales of the petitioners and directing the recovery of excess amount paid to them. We may peep a bit in the past. The Government Agriculture College, Kanpur was established in 1906. It used to impart education in Agriculture science. Subsequently, this College was affiliated to Agra University and used to impart education in Agriculture sciences and was awarding B.Sc. (Ag.) M.Sc. (Ag.) and Ph. D. degrees. After the establishment of the University, the College was affiliated to it. In 1969, U.P. Institute of Agriculture Sciences was established in order to co -ordinate teaching research and extension work, in different institutions including the Government Agriculture College, Kanpur. It were working under the control of the Government. After the enforcement of the Act, Chandra Shekhar Azad Krishi Evam Prodyogic Vishwavidyalaya, Kanpur (Compendiously the University) was established in 1975. The institute of Agriculture College Kanpur merged with the University and the assets of the Institute of Agriculture Science were transferred to the University and the same used to impart degrees of B.Sc.(Ag.), M.Sc.(Ag.) and Ph.D. These petitioners were working as Lecturers/Junior Lecturers and also in other capacities in the institution at the time of the merger with the University. These petitioners were members of the U.P. Subordinate Agriculture Service Group I (compendiously the Service). In the service, there were different posts of different designations including teaching as well as in research side.
(3.) WITH a view to facilitate the merger and to determine the terms and conditions of the services of the teachers and the employees working in the Agriculture Institute, the Government issued the G.O. dated 13.9.1976 (Annexure -I to the writ petition), providing conditions of transfer with an option to the officials/officers working in the institute, their service conditions including salary etc. were also provided in the G.O. It was specifically provided that all the officials/officers of the U.P. Institute of Agriculture Sciences, Kanpur, who are permanent or temporary, will be treated in the University on the deputation from July 1, 1975 on present service conditions and terms laid down in Fundamental Rules 110 of the Financial Hand Book Volume II, Paras. 1 to 4. During the period of deputation, the Officials/Officers will get the same pay and allowances which they would have got otherwise from time to time under government service but with no additional pay etc. Condition No. 5 provided that a necessary condition of the aforesaid absorption would be that the service conditions of the petitioners in the University will in no way be inferior to them in the Government service just before absorption. The period of Government service would be counted in deciding comparative seniority, promotion, pay fixation, right to leave and pensionary benefits in the same manner as it is in Government service. They were to give their options within the specified period. The petitioners were directed to tender resignations from the government service and were to submit application in the University. A result of this resignation, or otherwise, there would not be no adverse effect on the continuity of the service. In view of the deliberate promises made on behalf of government, the petitioners tendered resignations from the Government service and willingly accepted the offer made (vide Annexure No. 1) and changed their position to their detriment.;