- (1.) Dr. Akhilesh Kumar Kulshrestha has approached this Court with the following prayer; I. a writ, order or direction in the nature of certiorari by quashing the impugned orders dated 21.08.2012 & 26.09.2011 issued of the Chancellor and Vice-Chancellor respectively of Lucknow University and the resolution dated 16.09.2011 of the Executive Council of Lucknow University as contained as Annexure nos. 1, 2 & 3 respectively. II. a writ, order or direction in the nature of mandamus commanding the opposite parties by directing them to make absorption/regularization of the petitioner against the post of Lecturer as per provisions of Section 31 (3) (c) of U.P. Act No. 23 of 2004 taking into account his service rendered in Lucknow University counting his services from 15.09.1984, as a Teacher/Lecturer of University in the letter and spirit of judgment/order dated 29.09.2010 of this Hon'ble High Court which has attained finality followed by consequential benefits of the same. III. a writ, order or direction in the nature of mandamus commanding the opposite parties by directing them to release and pay the salary to the petitioner from 1.4.2011 onwards and also to allow to work till his regularization/absorption of service. IV.Any other suitable orders which the Hon'ble Court may deem fit and proper in the circumstances of the case may also be passed in favour of applicant.
(2.) Brief background of the case, as is emanating from the records, are that petitioner Dr. Akhilesh Kumar Kulshrestha was initially engaged on 15th of September, 1984 as Senior Research Assistant in the Department of Geology of University of Lucknow and his appointment in question was also approved by the Vice- Chancellor. At the said point of time the appointment in question was made in D.S.T. Project entitled "Palynostratigraphic study of Lower Gondwana Coal basins of India" sanctioned vide letter no. H.C.S./D.S.T./1204/81 dated June 26, 1984. Petitioner worked in the said project up till 5th of October, 1989 and, thereafter, petitioner was again engaged on the post of Research Associate under the scheme of CSIR in the Department of Geology from 13.07.1991 to 13.07.1996 and, thereafter, petitioner claims that from time to time he has been reappointed as Research Associate, under various schemes, funded by CSIR, UGC and Department of Science and Technology and petitioner continued to perform and discharge his duties as a Research Associate and petitioner in his wisdom thought that as he has put in such a long length of service, his claim should be considered for being regularized against the vacant post/newly created post and for making his dream come true, in the said direction, petitioner has been making repeated representations to the Vice-Chancellor, and as there has been inaction on the part of Vice-Chancellor, petitioner has made representation before the Chancellor under Section 68 of U.P. State Universities Act, 1973, and the Chancellor in his turn asked the University to take decision on the same. The Executive Council in its turn on 24.09.2000 resolved to non-suit the claim of petitioner. Petitioner questioned the validity of said action in Writ Petition No. 652 of 2000 (Dr. Akhilesh Kumar Kulshrestha Vs. University of Lucknow through its Vice-Chancellor). The said writ petition in question remained pending before this Court and ultimately it was decided on 29th of September, 2010 and this Court on the said date quashed the resolution dated 29.04.2000 passed by the Executive Council and directed the university concerned for considering absorption/regularization of the petitioner against the present or future vacancy in the cadre of teacher/lecturer of the university.
(3.) Complaining non-compliance of the order passed by this Court petitioner filed Contempt Petition No. 729 of 2011 and this Court summoned the Vice-Chancellor of the university concerned and, thereafter, the Vice-Chancellor has passed the order dated 26.09.2011 holding therein that petitioner Dr. Akhilesh Kumar Kulshrestha was not at all entitled to be offered substantive appointment under Section 31 (3) (c) of the U.P. State Universities Act, 1973. After the said order in question was passed, petitioner has represented the matter before the Chancellor and the Chancellor also affirmed the said order on 21st of August, 2012 and same has impelled the petitioner to be once again before this Court.;