B.S. Chauhan, Arun Tandon, JJ. - (1.) HEARD Sri O.P. Singh, Senior Advocate, assisted by Sri S.K. Rao on behalf of the petitioner, Sri A.P.N. Giri Advocate on behalf of the private respondents, Sri B.D. Pandey Advocate on behalf of the University and Standing Counsel on behalf of the State respondents. B.R.D. Post Graduate College, Deoria (hereinafter referred to as 'Degree College') is an institution affiliated to Deen Dayal Upadhyaya Gorakhpur University, Gorakhpur. The terms and conditions of the appointments and other service conditions of the teachers of the aforesaid degree college are regulated in accordance with the U.P. State University Act, 1973 and first Statutes and the Ordinances of the University concerned.
(2.) PETITIONER before this Court Kedar Nath Singh was appointed as Lecturer in the said degree college on 03.08.1967. One Awadh Narain Pandey was similarly appointed as Lecturer on 23.08.1967 and Respondent No. 5 namely Kedar Nath Chaturvedi was appointed as Lecturer in the said Degree College on 07.09.1979. On the recommendation of University Grant Commission the State Government vide Order dated 10.09.1987 and dated 07.01.1989, as modified/clarified from time to time, introduced the carrier advancement scheme for the teachers working in affiliated Degree Colleges in the following manner: (a) On completing 8 years of service a Lecturer would become entitled for grant of senior scale of Rs. 3000 -5000 on the recommendation of the Selection Committee. (b) A Lecturer, who may or may not have a Doctorate Degree or equivalent published work thereto but satisfies all other required qualification, as mentioned in the Government Order, would be entitled for placement in the Selection Grade of Rs. 3700 -5700, on completing 8 years of service in senior scale, on the recommendation of the Selection Committee.
(3.) THE same Government Order independently provided for promotion as Reader in the same pay scale of Rs. 3700 -5700. A Lecturer, who had completed 8 years service in senior scale and total service of 16 years could offer himself to be promoted as Reader on the condition that he had obtained a Doctorate Degree or had an equivalent published work and on fulfillment of other conditions mentioned therein. Clause 15.A(1) of the Government Order dated 07.01.1989 further provided that a Lecturer of the University or Associated College, already in Selection Grade of Rs. 3700 -5700, may offer himself for promotion as Reader and if found suitable by the Selection Committee, he may be so promoted.;