- (1.) This writ petition has been filed for a direction upon the respondents to regularise the services of the petitioners as Lecturer in the Department of Philosophy of the University of Allahabad (hereinafter referred to as the 'University') in accordance with the provisions of Section 31(3)(c) of the U.P. State Universities Act, 1973 (hereinafter referred to as the 'Act') which was amended by U.P. Act No. 23 of 2004 w.e.f 20th May, 2004. A further direction has been sought for payment of full salary and all other benefits admissible to the post of Lecturer including arrears.
(2.) The petitioners claim to have been appointed as part-time Lecturers in the University w.e.f. 16th November, 1997 on payment of Rs. 60 per lecture subject to a maximum of Rs. 5,000/- per month. It is on the basis of such working that the petitioners seek substantive appointment in terms of the provisions of Section 31(3)(c) of the Act which was amended in the year 2004 w.e.f. 20th May, 2004.
(3.) A counter affidavit has been filed on behalf of the University. It has been stated in the said counter affidavit that the petitioners had never been appointed as Lecturers/part time Lecturers in the Department and, therefore, the question of considering their cases for giving substantive appointment under the provisions of Section 31(3)(c) does not arise at all. It has further been stated that the petitioners had been merely engaged by the Head of the Department of Philosophy as Guest Lecturers on payment of Rs. 60/- per lecture on the basis of a decision taken by the Committee constituted for this purpose on 24th March, 1996; that the petitioners have never faced any Selection Committee; that they were never appointed against a teaching post in the University and that presently the University has become a Central University under the provisions of the University of Allahabad Act, 2005 which came into force w.e.f. 14th July, 2005 and, therefore, no benefit can be given to the petitioners.;