P.K.Mukherjee, Jagdish Bhalla, JJ. - (1.) DURING the course of the argument Sri Ravi Kant Advocate, counsel for the opposite party No. 2 has received a letter from Vishnu Sharan Gupta, Secretary, Ismail National Girls (Post Graduate) College Meerut. Learned counsel voluntarily requested this court that this letter be placed on record. This court being court of record this letter is accordingly taken on record. By this letter a request has been made to Mr. Ravi Kant, Advocate that he may not press this case any more on behalf of the respondent No. 2. However, another counsel in this case is appearing on behalf of the Committee of Management of Ismail National Girls (Post Graduate) College, Meerut (respondent No. 2). Heard learned counsel for the petitioner, Sri W.H. Khan and learned counsel for the respondent No. 2. Sri P.R. Ganguly.
(2.) ACCORDING to the petitioner she was initially appointed by order dated 18.10.1982 for a period of six months with the approval of the Vice -Chancellor, Meerut University. This appointment was due to grant of leave of one Smt. Urmila Agarwal, who got her leave extended for a period of three years. In the circumstances, by order dated 4.5.1983, the Vice -Chancellor accorded his approval to the appointment of the petitioner in leave vacancy of Smt. Urmila Agarwal till 1.5.1986. In the meantime on 1.7.1983, the State Government accorded sanction for post -graduate classes in Hindi literature in the aforesaid college. Thereafter on 19.9.1984, the University informed the college that the Vice -chancellor has been pleased to grant temporary affiliation to the college for the classes in M.A. Hindi literature for a period of two years till 30.6.1986 which was later on made permanent and in the process the posts of lecturers were also made permanent by the Director, Higher Education. Learned counsel for the petitioner relied upon a judgment of Shri Rakesh Chandra Mittal v. State of Uttar Pradesh and others : (1995) (3) E.C.S. 66 (All.), wherein it has been held that Clause (b) sub -section (3) of Section 31 of the Act cover the cases where appointment is made after reference to Selection Committee either to a temporary post likely to last for more than six months or to a permanent post in the vacancy caused by the grant of leave to an incumbent for a period exceeding ten months and such post subsequently becomes permanently vacant or any post of same cadre or grade is newly created or falls vacant in the same department. In case of creation of new post, the petitioner has right to be appointed against the same. In the present case the petitioner has stated that she was appointed against the leave vacancy after reference to a Selection Committee. Therefore, petitioner's case is fully covered by the judgment of this court (supra).
(3.) ON behalf of Committee of Management (respondent No. 2) it is admitted that the petitioner was duly appointed in accordance with law, but part payment of salary was made for the reasons that the salary was not released. The petitioner is not being paid salary from 27.2.1985. Learned counsel for the Committee of Management Sri P.R. Ganguly, Advocate has no objection in this regard.;