R.B.Misra, J. - (1.) Heard Sri J. N Tiwari learned Senior Advocate with Sri S.N. Tripathi for and on behalf of the petitioner and Sri Subodh Kumar learned Additional Standing counsel for Union of India/the respondents.
(2.) The facts necessary for adjudication of writ petition are that Allahabad Museum Society (hereinafter referred as Society) is a registered Society under the Societies Registration Act, 1860, fully owned, controlled and funded by the Government of India as well as supervised under the control of Ministry of Human Resources and as such is an instrumentality of the 'State' within the meaning of Article 12 of the Constitution of India. The Director of Societies appointed with the approval of the Government of India and the 'Financial Advisor' in the department of Culture, Ministry of Human Resource Development is the 'Financial Advisor' of the respondent society. The service conditions of the employees are governed by the Rules framed under Bye-laws of the 'Society' and where the rules or the bye-laws of 'Society' are silent the provisions of Central Civil Services (Classification Control & Appeals) Rules are to be made applicable.
(3.) The petitioner was appointed as 'Technical-Assistant' in 'Society' on 15.4.1988 in the pay scale of Rs. 1400-2300 subsequently regularised in service on 20.9.1992 ( w.e.f. 15.4.1988) and was confirmed on 6.1.1994. It appears one Dr. S.K. Sharma had appointed as "Curatorial Associate of Education" with effect from 9.8.1988 i.e. from the date of his initial appointment in the pay scale of Rs. 1640-2900, whereas, the petitioner was given pay scale of Rs. 1640-2900 from 24.9.1992. The petitioner made a representation inter alia stating that he is also entitled to he placed in the said pay scale of Rs. 1640-2900 with effect from 24.9.1992. According to the petitioner, the respondent No. 4 (i.e. Sri U.S. Tiwari, Director of Society) was annoyed with the petitioner for reasons best known to him but on persuasion by petitioner for not resorting to Court for his grievance unlike others aspirants the up-gradation of petitioner in the said scale by the order dated 28.4.1994 (Annexure-1 to the writ petition) was considered, however other claimants were pursuing their claim through courts. 1 he respondents No. 4 in its order dated 28/29.4.94 has also indirectly indicated warning to the petitioner to revert the petitioner to the original pay scale, however the said letter was subsequently withdrawn on 15 1991 (Annexure-2 to the writ petition). According to the petitioner when on 1. 8.1995 the petitioner went to the respondent No. 1 for obtaining the leave and referred claim for the post of "Keeper" he noticed that Dr. S.K. Sharma was sitting with the Director and on the issue of leave, the Director, made absurd remarks over the petitioner and used unparliamentary language and on protest the petitioner was physically assaulted by the Director. The petitioner lodged First Information Report which was registered as Crime Case No. 640-A/95 at Police Station, Colonelganj, Allahabad The petitioner got himself examined medically by the Medical Officer, M.L.N. Medical College, Allahabad on 4.8.1995 at 3.40 p.m. when he was advised for one week rest and later on 10.8.1994 the petitioner informed the entire incidence to Finance & Accounts Officer, Allahabad Museum Society, Allahabad. It appears that in order to pre-empt/ peshbandi, the respondent No. 4 had also made a report to the Chairman/Finance-cum- Accounts Officer alleging that the petitioner has abused him also and had physically assaulted him as well as Dr. S.K. Sharma on 4.8.1994 and the petitioner was placed under suspension by order 4/8/1995, and suspension order was served in the petitioner on 13.10.1995 (Annexure-4) alongwith a charge sheet dated 9.9.1995 (enclosed as Annexure-5 to the writ petition). During suspension of petitioner an advertisement was published in the 'Pioneer' dated 30.8.95 for recruitment to the post of Keeper in the pay scale of Rs. 3000-4500. The petitioner challenged the said recruitment by way of writ petition No. 34300 of 1995 and this court by its order dated 29.11.1995 was pleased to restrain the respondent No. 4 from participating in the selection committee and further directed the Director, Banaras Hindu University Meseum, Varanasi to be member of the Selection Committee in place of Sri U.S. Tiwari one of the respondents named herein Prof. Amar Singh as Chairman of the 'Society' and Dr. Ayodhya Prasad Pandey to hold inquiry against the petitioner.;