- (1.) HEARD Sri Paresh Tripathi, learned counsel for the petitioner and Sri Rajendra Dobhal, learned counsel for the respondents.
(2.) BY means of this writ petition, the petitioners have prayed for the fol lowing reliefs : i. To issue a writ of mandamus di recting the opposite parties to al low the petitioner to join his new assignment in view of the appointment letter, ii. To issue a writ of mandamus di recting the opposite parties to pay the new pay-scale to the pe titioner in view of the order of the Director, annexure no. 12 to the writ petition, and to pay the arrears of his salary from 14-12-1979 till today, iii. To issue any other writ, order or direction which may be deemed fit and proper in the circum stances of the case, iv. To award costs of this writ peti tion to the petitioner. Submission of the learned coun sel for the petitioner is that the peti tioner was working on the post of Ac counts Clerk in the Department of Di rector of Research Pantnagar University. An Advertisement was published by the University for filling up the post of Sen ior Accounts Clerk. The petitioner ap plied for the post and appeared in writ ten test as well as in interview and, thereafter he was declared successful. The petitioner was required to furnish bond and after fulfilling the condition, on executing the bond, the petitioner was given appointment on the post of Senior Accounts Clerk in the University on 14-12-1979. The appointment letter is annexed as annexure no. 5 to the writ petition. The petitioner requested the respondent no. 4 i. e. the Director of Re search, under whom he was serving, to relieve him so that he may join his new assignment. The Director of Research, Pantnagar University, instead of reliev ing the petitioner wrote a letter to the Deputy Comptroller that he is unable to relieve the petitioner till his substitute is available. The matter was placed before the Vice Chancellor. There was correspondence be tween the Vice Chancellor and the Di rector in regard to the matter of the pe titioner. Since the petitioner was not re lieved by the Director, the Vice Chan cellor vide order dated 13-03-1980 cancelled the appointment of the peti tioner on the post of Senior Accounts Clerk. The petitioner represented before the Vice Chancellor with the request that he may not be panelized for his no fault, with the result the Vice Chancel lor after providing him opportunity of personal hearing and after perusing the entire record, revoked the cancellation order vide its order dated 02-04-1980 and directed the Director of Research to relieve the petitioner so that he may join his new assignment.
(3.) IT is a matter of great concern, that the Director of Research, who is subordinate to the Vice Chancellor, did not comply the order and has violated the orders passed by his superior and did not relieve the petitioner in compli ance of the order passed by the Vice Chancellor. The Director of Research has also submitted that the petitioner may be given promotion in the parent department on the post of Senior Ac counts Clerk. Inspite of several letters written by the Administrative Officer and by the University, on behalf of the Vice Chancellor, to the Director to relieve the petitioner, the Director did not pay any heed to the repeated requests and reminders of the Vice Chancellor and did not permit the petitioner to join his new assignment. Ultimately, the pe titioner was relieved and was permitted to join his new assignment on 28-08-1980 which is apparent from para-12 of the counter affidavit filed by the University wherein it is stated that the petitioner was relieved from the Direc torate in the afternoon of 28-08-1980 and has submitted his joining report in the Office of DSW in the afternoon on 28-08-1980 as Senior Accounts Clerk. Submission of the learned coun sel for the petitioner is that though the petitioner was entitled to get the salary and all consequential benefits including the seniority w. e. f. 14-12-1979 i. e. the date of his appointment, the petitioner was not paid salary on the post of Sen ior Accounts Clerk, even after he joined his duties on 28-08-1980. Aggrieved with the inaction of the respondents, the writ petition was filed before the Allahabad High Court and the Allahabad High Court on 15-09-1993 passed an order that "meanwhile the respondents are directed to pay current salary to the petitioner for the post of Senior Accounts Clerk. However, pay ment of arrears shall be subject to the final orders passed by this Court".;