Sunil Ambwani, J. - (1.) Heard Sri L.B. Lal for petitioner and Sri Pankaj Naqvi for respondent-University.
(2.) The petitioner was appointed as Junior Clerk on 1.2.1973 in the institute of Medical Science, Banaras Hindu University. His services were extended on 15/18.5.1973. He was transferred to Post Partum Programme Section on 14/15.6.1973. He was directed to join on 16.7.1973. Since then he is continuously serving in the University and receiving annual increments. The Post Partum Programme, it is alleged, was merged with the establishment of the University and the petitioner was placed in the pay scale of Rs. 260-400 with effect from 1.4.1976 and his pay was fixed at Rs. 272 per month. The petitioner was confirmed on 10.1.1980 as against his claim for confirmation on 1.2.1975, after two years of the joining as Junior Clerk. He was placed at Sl. No. 36 in the security list circulated on 12th December, 1984. The petitioner made representation dated 11.3.1983 on which the Director of the Institute of Medical Science informed the Registrar, Banaras Hindu University that the employees under the Post Partum Programme started in 1973, were initially appointed under Family Planning Unit, working since 1967-68. The State Government extended the benefit of the University grade to such employees with effect from 1.4.1976 which was accepted by the Executive Council. Most the non-teaching staff working under the programme, on the date of placement in the University grade was already working for more than two years. However, University Grants Commission treated the recurring expenditure as committed expenditure under the scheme. The Director with the staff working under the National Scheme should not be put to disadvantage and that they should be confirmed on completion of two years of service from the date of their engagement in the Post Partum Programme and forwarded their confidential remarks.
(3.) The Assistant Registrar by his order dated 30.1.1985 rejected the representation and found that the non-teaching staff has been rightly confirmed with effect from 1.10.1980. By this writ petition the petitioner has prayed for a direction to the University to count his services w.e.f. 1.2.1973 and to confirm the petitioner on 1.2.1975/1.4.1976 and give him due seniority and promotion.;