A. N. Dikshita, J. - (1.) :-
(2.) BHARTI Vidya Bhawan, New Delhi, a Society registered under the Societies Registration Act, runs a degreee College known as Vallabh Ram Saligram Mehta College of Science Bharwari, District Allahabad, which is affiliated, to the Kanpur University, Kanpur, and is governed by the U. P. State Universities Act, 1973 (hereinafter referred to as the Act) and Regulations and Statutes. The petitioner after having passed the M. Sc. examination from the Allahabad University in Mathematics in the 1st Division was appointed as a temporary lecturer in Mathematics on 17-8-1972 and worked in the said institution from 17-8-1972 to 13th June 1973. The petitioner was again appointed temporarily as a lecturer in Mathematics on 6-8-1973 and joined the institution on the same date. While serving the institution another appointment letter dated 30th September 1973 was issued appointing the petitioner to the same post on which he was already working with effect from 1st October 1973 to 31st March 1974. Again the petitioner was informed that he has been appointed Lecturer in Mathematics in the said College with effect from 1-4-1974 to 30-7-1974. The Vice Chancellor, Kanpur University respondent 2, vide his letter . dated March 5, 1974 also gave approval to the appointment of the petitioner as a temporary Lecturer upto 30th July 1974. Later on the petitioner was informed by the Principal of the college that his services have been extended with effect from 31-7-1974 till a duly selected Lecturer by the Selection Committee joins. The management of the said College advertised the post of Lecturer in Mathematics and a Selection Committee was constituted as per the Kanpur University Statutes and the Act. The selection committee selected the petitioner for the post of Lecturer in Mathematics in the grade of Rs. 300-25-600 and in pursuance thereof a letter of appointment dated 25th March 1975 was issued to him. The petitioner admittedly worked in the said institution with effect from 6th August 1973 continuously without any break. On the successful completion of the probationary period on 3rd March 1976 the management of the said college confirmed the petitioner on the post of Lecturer in Mathematics vide their letter dated 4th September 1976. Again respondent 2 vide its letter dated 7-8-1976 granted approval to the temporary services of the petitioner for the period 31-7-1974 to 3-3-1975 and also granted approval to the petitioners' selection for the post of Lecturer with effect from 4-3-1975 as per Section 31 (ii) of the Act. Meanwhile the State Legislature amended the State Universities Act, 1973 and added Chapter 11-A to the Act making a provision as per Section 60 A of the said Act for payment of salaries of teachers and employees of private degree colleges in respect of period after March 31. 1975.
(3.) THE petitioner was initially appointed in 1973 to the grade of Rs. 300-25-600 which was revised by the State Government on the recommendation of the University Grants Commission and the Central Government providing for fixation afresh of the scale of pay with effect from 1-1-1973 and thus the scale of pay was revised from Rs. 300-25-600 to Rs. 700-1600. THE petitioner was accordingly given the pay scale of Rs. 740/- with effect from 6-8-1974. THE petitioner was actually given three increments of Rs. 40/- each with effect from 6-8-1976 with dearness allowance at the rate of 27% of the basic pay upto the month of February 1979. THE petitioner was given two increments of Rs. 40/- each on 1-1-1976 and the third increment was given on 6-8-1976. While other teachers of the institution started receiving their salary through the Treasury in accordance with the U. P. Education Laws Amendment Act, 1975 (U. P. Act no. XXI of 1975) it so transpired that though the petitioner was entitled to get his salary and other benefit from 1st April 1975 the petitioner was denied this facility and it was indicated by respondent 1 that the petitioner was entitled to pay scale of Rs. 700-1600 with effect from 1-7-1976 only vide letter dated 23-2-1977. The grievance of the petitioner is that he had started working in the nstitution with effect from 6-8-1976 and was thus entitled to increments of Rs. 40/- each and should have drawn Rs. 820/- as his salary on 6-8-1976 but vide letter dated 23-2-19771 of the respondent 1 his salary has been reduced. Such fixation of the salary of the petitioner was made by respondent 1 without any notice or information to the petitioner denying him an opportunity of hearing. Representations were made by the petitioner to the respondents but to no avail and the respondents stuck to their stand as revealed in the letter dated 23-2-1977.;