RAJNISH KUMAR,J. - (1.) Heard Sri Anupam Mehrotra, learned counsel for the petitioner, Sri Krishna Chandra appearing for the opposite party nos. 1 and 2 and learned Standing Counsel for opposite party no.3.
(2.) The facts, in brief, as emerged from the writ petition, are that initially the petitioner was appointed as Assistant Professor in the King George's Medical University, U.P., Lucknow (hereinafter referred to as ''K.G.M.U.') vide letter dated 09.03.2010 in pursuance of an advertisement dated 03.07.2009. The petitioner joined on the post of Assistant Professor in the Department of Urology on 09.03.2010. The petitioner was given personal promotion on the post of Associate Professor, Department of Urology, K.G.M.U. w.e.f. 09.03.2012, i.e., the date of eligibility of the petitioner for the said promotion on completion of two years vide letter dated 03.08.2013 and he took charge on 17.02.2014, after the period of leave sanctioned for higher studies, was over. Personal promotion of the petitioner on the post of Associate Professor was duly modified as communicated by the letter of the Registrar, dated 04.06.2014 and it was provided that the personal promotion of the petitioner on the said post shall be effective from the date of eligibility, i.e., from 09.03.2012 without any financial benefit of payment of arrears for retrospective period, which shall not be payable to him under Financial Rules.
(3.) The date of eligibility of the petitioner for his personal promotion to the post of Professor, Department of Urology, was due on 09.03.2015, i.e., after completion of 3 years as Associate Professor, so the petitioner wrote a letter to the Registrar, with a request for taking necessary steps in this regard. In compliance thereof, the Registrar, KGMU vide letter dated 10.04.2015 wrote a letter to the Medical Council of India (hereinafter referred to as ''MCI') on the pretext of confirming the eligibility for personal promotion as Professor in the Department of Urology. In the meantime, the Government issued a letter dated 11.08.2015 addressed to the Registrar, KGMU proposing to make the salary and allowances of all the teachers of KGMU equal to that of the Sanjay Gandhi Postgraduate Institute of Medical Sciences, Lucknow (SGPGI), mentioning therein that His Excellency, the Governor of U.P. has approved the re-organization of the posts in the KGMU creating a new post/ designation therein, viz.,Professor, Junior Grade (Additional Professor) (hereinafter referred to as 'Additional Professor') with effect from the date of issuance of the aforesaid letter dated 11.08.2015 subject to, inter alia, the condition stated in Paragraph 5 of the letter dated 11.08.2015, namely, the Statutes shall be amended accordingly. But no amendment in pursuance of the letter dated 11.08.2015 of the State Government has been made till date accordingly the same has not been incorporated in the First Statutes of the .;