Ashwani Kumar Mishra, J. - (1.) Petitioners, who are 28 in number, have prayed for following reliefs in this writ petition:- "(i)a writ, order or direction of a suitable nature commanding the respondents to permit the petitioners to function as non teaching staff of Institute of Correspondence & Continuing Studies, University of Allahabad, Allahabad and to pay the petitioners their regular monthly salary, regularly, every month including the arrears of their salary from Nov.'14 till date within a period to be specified by this Hon'ble Court; or alternatively in case the Institute is treated as having been closed down to absorb the petitioners against the alternative post in the University itself with all consequential benefits including payment of arrears of salary of the petitioners within a period to be specified by this Hon'ble Court. (ii)a writ, order or direction in the nature of certiorari quashing the order dated 06.09.2016 issued by the Registrar, University of Allahabad, Allahabad (Annexure 16 to the writ petition."
(2.) University Grants Commission, New Delhi, on 22.1.1976 accorded approval to the proposal of the University of Allahabad for introducing correspondence courses in Bachelor of Arts and Commerce streams in the University of Allahabad. The Academic Council in its meeting held on 22nd July, 1976 thereafter proposed introduction of correspondence courses and also proposed a set of ordinances for the purpose. The Executive Council on 29th July, 1976 accordingly took a decision to approve the establishment of Institute of Correspondence Course and Continuing Education (hereinafter referred to as 'ICC&CE'). The ordinances proposed were also approved and incorporated as Chapters XXXIV and XXXVII of the University Calender for the year 1968. Clause 8(b) of the Ordinances provided as under:- "8.(b) The staff of Correspondence Courses will be borne on the strength of the respective University departments." ICC&CE, accordingly, came into being as a distinct department, which was integral part of the University of Allahabad.
(3.) The Executive Council on 13th July, 1985 also constituted an Advisory Committee for the Overall Administrative Supervision of the ICC&CE with Vice Chancellor as its Chairman. The Registrar of the University sought approval of the State for creation of various posts in the ICC&CE. The approval, as prayed for, was granted by the State under Section 44 of the U.P. State Universities Act, 1973 with the condition that no financial grant shall be provided by the State to the ICC&CE as it was to function as a self-finance institution. It appears that ICC&CE proceeded to appoint petitioners on daily wage basis on different dates in the year 1985 and onwards. Such appointment was subsequently made for a fix period of three months and was extended from time to time. Orders subsequently were passed appointing the petitioners in specified pay scale on temporary basis. Benefit of provident fund, insurance, gratuity etc. were also extended to employees of ICC&CE i.e. petitioners, vide different orders passed by the University authorities.;