S.H.A. Raza, J. - (1.) The petitioner Satya Prakash Khare, who was appointed on 24-8-1973 as a lecturer by a duly constituted Selection Committee in the Mathematics Department of Mehta College, Allahabad and joined on the said post on 22 9-1975, by means of this petition has prayed for issuance of a writ in the nature of mandamus commanding the respondents not to interfere with his seniority and give due opportunity to him before fixing the seniority. He has also prayed for issuance of a writ in the nature of mandamus commanding the respondents not to give effect to the judgment dated 21-11-1984 passed by this Court in Writ Petition No. 1142 of 1977 In re Ram Anugrah Shukla v. Director of Education (Higher) and others, so far as the petitioner's right of seniority is concerned.
(2.) It appears that Ram Anugrah Shukla, respondent No. 3, filed a writ petition bearing No. 1442 of 1977 before this Court, in which the petitioner was not arrayed as a party, raising a grievance that he had started working as lecturer in the said institution w. e. f. 6-3-1973 and was thus entitled to an increment of Rs. 40/- each and should have drawn Rs 820/-as salary on 6-8-1976, but vide letter dated 23-2-1977, the Director of Education (Higher), Allahabad has not paid to same to the petitioner. Fixation of salary of the respondent No. 3 was made by the Director of Education (Higher) without any notice or information to him.
(3.) In the aforesaid writ petition the respondent No. 3 had contended that after passing M. Se. Examination from Allahabad University in Mathematics in first division, he was appointed as a temporary lecturer in mathematics on 17-8-1972 and worked in the said institution from 17-8-1972 to 30th June. 1973. The respondent No. 3 was again appointed temporarily as lecturer in Mathematics on 6-8-1973 and joined the institution on the same day. While he was serving as lecturer in the said institution, by means of another appointment letter dated 30ih September, 1973, the petitioner was appointed on the same post on which he was already working, w. e. f. 1-10-1973 to 31-3-1974. He was again appointed as lecturer in Mathematics in the said college w. e. f. 1-4-1974 to 30-7-1974. The Vice-Chancellor, Kanpur University, Kanpur vide his order dated 5th March, 1974 also gave approval to the appointment of the petitioner as a temporary lecturer upto 30th July, 1974. Later on he 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 post. The management of the said college advertised the post of lecturer in Mathematics and a Selection Committee was constituted as per Kanpur University Statutes and the Act. The respondent No. 3 was selected for the post of lecturer in Mathematics in the grade of Rs. 300-25-600/- and in pursuance thereof a letter of appointment dated 25-3-1975 was issued to him. The respondent No. 3 further contended in the said writ petition that he worked in the said institution w. e. f. 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 respondent No. 3 on the post of lecturer in Mathematics vide their letter dated 4th September, 1976. Thereafter the Vice-Chancellor by means of his letter dated 7-8-1976 granted approval to the temporary service of the respondent No. .1 for the period 31-7-1974 to 3-3-1975 and also granted approval to his selection for the post of Lecturer w.e.f. 4-3-1975 as per Section 31 (11) of the U.P. State Universities Act. It is further stated that the State Universities Act, 1973 was later on amended and Chapter II-A was added to make a provision as per Section 60-A of the said Act for payment of salaries of teachers and the employees of the private degree colleges in respect of the period after March 31, 1975. The respondent No. 3 further averred in the said writ petition that the scale of pay was revised from Rs. 300-25-600/- to Rs. 700-1600. The respondent No. 3 was accordingly given the pay scale of Rs 740/- w.e.f. 6-8-1974, he was given three increments of Rs. 40/- each w e.f. the said date with dearness allowance at the rate of 27% of the basic pay upto the month of February, 1979. The Respondent No. 3, was given two increments of Rs. 40/-each from 1-1-19/6 and third increment was given on 6-8-1976. While the other teachers started receiving their salary through treasury in accordance with the U. P. Education Laws (Amendment) Act, 1975. It so transpires that the respondent No. 3 was entitled to get his salary and other benefits from 1-4-1975. The respondent No. 3 was denied that facility and it was indicated by the Director of Education (Higher) that he was entitled to pay scale of Rs. 700-1600/- w.e.f. 1-6-1976 only vide letter dated 23-2-1977.;