- (1.) se three writ petitions pertain to the engagement of Guest Faculties/Guest Lecturers in the Allahabad University, Allahabad (for short the University), which is a central University. The dispute relates to two Guest Faculties. The petitioners herein are in the department of Geography of the said University. They claim that they were engaged as Guest Faculties in the year 1995 and are continuing since then. It appears that on account of non-selection against the available vacant sanctioned posts, the University engaged Guest Faculties in order to meet the exigencies of the University.
(2.) The University attained the status of a Central University and according to Section 5(d) of the University of Allahabad Act, 2005, the status of employment and the tenure etc of the services of any person employed by the University was to continue unless terminated or the terms and conditions are altered by the Statutes and Ordinance. Section 5 (d) of the aforesaid Act is extracted herein below: (d) every person employed by the University of Allahabad immediately before the appointed day shall hold his office or service in the University by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same if this Act had not been passed, and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by the Statutes: Provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the University in accordance with the term of the contract with the employee or, if no provision is made therein in this behalf, on payment to him by the University of compensation equivalent to three months' remuneration in case of permanent employees and one month's remuneration in the case of other employees: Provided further that every person employed before the appointed day, pending the execution of a contract under section 34, shall be deemed to have been appointed in accordance with the provisions of this Act and the Statutes: Provided also that any reference, by whatever form of words, to the Vice-Chancellor and Pro-Vice-Chancellor of the University of Allahabad in any law for the time being in force, or in any instrument or other document, shall be construed as a reference respectively to the Vice-Chancellor and the Pro-Vice-Chancellor of the University;
(3.) Section 44 (3) of the Act empowers the framing of the Statutes, Ordinances and Regulations including the power to give retrospective effect to the same. It is also provided in sub section (2) of Section 45 of the Act that till such time, Ordinances are not made in terms of section 29, the Statutes, Ordinances framed under the earlier provisions prior to the grant of status of a Central University was to continue in so far as they are not in consistent with the provisions of the aforesaid Act.;