SUSHILA RAI Vs. UNION OF INDIA
LAWS(ALL)-2004-7-107
HIGH COURT OF ALLAHABAD
Decided on July 20,2004

SUSHILA RAI Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

A. K. Yog, J. - (1.) -Dr. Sushila Rai petitioner before the Court, being aggrieved against order dated 16.7.2003/Annexure-20 to the writ petition, passed by Banaras Hindu University (called the University) through respondent Nos. 2 and 3, by means of which representation dated 2.6.2003 filed by the petitioner (praying for regularisation/extension of her services as 'Library Attendant' in the department of Library of Electrical Engineering, I.T. of the University addressed to the Vice-Chancellor/respondent No. 2) has been rejected by the Vice-Chancellor of the University with the observation : ".....your request regarding extension/ regularisation........was placed before the Vice-Chancellor for consideration but the same has not been acceded to" and further adding : "directed to inform you that in future your representation will not be entertained".
(2.) AT this juncture, it may be noted that at the request of Sri V. K. Upadhyay, learned counsel for respondent Nos. 2 and 3, original record of the case was also summoned and perused with the assistance of the learned counsels for the parties. From the original record, produced before the Court, it transpires that petitioner possessed following qualifications : (1) Admission Examination 1975 2nd Division (2) Intermediate Examination 1976 2nd Division (3) B.A. 1979 2nd Division (4) M.A. (History) 1982 2nd Division (5) B.Ed. 1985 2nd Division (6) Ph.D. (History) 1992 Facts of the case necessary for rendering the judgment in the case are that the petitioner was appointed under appointment letter dated 9.6.1993/Annexure-1 to the writ petition issued by the then acting University-Librarian as 'Temporary Library Attendant' on a fixed salary of Rs. 750 p.m. under Clause VIII Plan Grants for Books and Journals, for processing of books, for a period of three months of her joining duties.
(3.) THERE is no dispute that said appointment was extended, from time to time, and approved by the Vice-Chancellor of the University as such. The brief history of the petitioner's services in the University as 'Temporary Library Attendant' and extended from time to time by the University/ the Vice-Chancellor, particularly in the department of Electrical Engineering, I.T. as is borne out from the University record placed before the Court is as under : Sl. No. Period of engage-ment Head of account Rate of payment Appointing authority Department/Office. (1) 11.6.1993 to 10.9.1993 VIII Plan Book Grant Rs. 750 p.m. Librarian, Central Library Central Library (2) Continued beyond 10.9.1993 to 31.1.1996 - do - - do - Registrar - do - (3) 1.2.1996 to 31.7.1996 Against the post of Lib. Attdt. Rs. 30 per day Registrar - do - (4) 3.8.1996 to 15.5.1998 - do - - do - - do - Vice- Chancellor Deptt. of Chem. Engg., I.T. with mandatory break of 2 or 3 days on every 3 months. (5) 16.5.1998 to 7.8.2000 - do - - do - - do - In the Deptt. of Elec. Engg., I.T., with mandatory break. (6) 18.8.2000 to 17.2.2001 - do - - do - - do - In the Deptt. of Electrical Engg., I.T., with mandatory break.;


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