B.AMIT STHALEKAR,J. - (1.) The petitioner in the writ petition is seeking quashing of the order dated 9.8.2017 passed by the Director of Higher Education, U.P., Allahabad to the extent that it denies him the designation of Professor.
(2.) Briefly stated the case of the petitioner as emerging from the writ petition is that he was appointed as Lecturer, Political Science in Government Post Graduate College, Bageshwar, Almora vide Government Order dated 4.8.1990 through the then U.P. Public Service Commission. He ioined his service and thereafter, he was given the Senior Grade of 3000-100-3500-125-5000 by order dated 12.11.1998 w.e.f. 20.08.1995. It is stated that the Government published a promotion list vide order dated 11.06.2001 in which his designation was shown as Principal and in this list the name of the petitioner was at Sl. no. 6. Thereafter, a selection grade list was published by the Government on 19.04.2003 in which the petitioner's name was shown as Reader/Associate Professor and he was shown as promoted as such w.e.f. 20.8.1999. In this list the name of the petitioner was at Sl. no. 5. According to the petitioner, his educational qualification is B.A. Hon's, L.L.B, M.A. Political Science, M.Phil, Ph.D. It is further stated that notices were sent to him on different dates i.e. 7.12.2004, 13.5.2005 and 25.5.2005 by the Chhatrapati Shahu Ji Maharaj University, Kanpur (in short 'CSJMU') wherein his designation was shown as Principal, Government Degree College, Bidhuna, Auraiya, inviting him to various meetings. It is stated that a news item was also published in Newspaper 'Amar Ujala', 'Aaj' and 'Dainik Jagaran' with regard to public works of the petitioner in which his designation is shown as Principal, Rani Ahilyabai Holkar Government Degree College, Bidhuna and Governent Degree College, Jahangirabad, District Bulandshahar. Another letter was sent to the petitioner by the CSJMU, Kanpur dated 28.2.2005 in which also the petitioner was addressed as Principal, Government Degree College, Bidhuna, Auraiya. In the magazine 'Ishan' published by the Rani Ahilyabai Holkar Government Degree College, Bidhuna, Auraiya, the petitioner was referred to as Principal, Rani Ahilyabai Holkar Government Degree College. It is further stated that by an order dated 8.9.2015, the petitioner has been reverted from the post of Principal to the post of Lecturer, Political Science on grounds of compliance of the judgement of the Supreme Court in Civil Appeal No. 2608 of 2011 (Uttar Pradesh Power Corporation Ltd. v. Rajesh Kumar and others). His case is that as back as 29.1.2014 he has been addressed as Principal, Government Degree College, Jahangirabad, Bulandshahr in the letter of the Director, Higher Education, U.P., Allahabad. It is stated that a writ petition no. 14256 of 2014 (Hridayesh Kumar v. State of U.P. and others) was filed in the High Court and in pursuance of the directions therein the salary of the petitioner was fixed as Lecturer, Political Science, Government Post Graduate College, Chunar, Mirzapur and a list was published on 25.01.2016 in which the name of the petitioner was at Sl. no. 4. On attaining the age of superannuation on 30.06.2016 as Reader/Associate Professor, Political Science in Government Post Graduate College, Chunar, Mirzapur, a letter dated 1.8.2016 was sent by the Director, Higher Education to the Director, Pension Directorate for payment of pensionary benefits to the petitioner. The petitioner then sent an application to the Director of Higher Education, Allahabad for redressal of his grievance regarding promotion to the post of Principal and for payment of arrears of salary from 20.8.1999 to 17.06.2001 on the post of Reader/Associate Professor in the pay scale of 12000-420-18300. When nothing was done, the petitioner filed Writ petition no. 15656 of 2017 (Dr. Ram Pal Singh v. State of U.P. and others) relating to claim for grant of Selection grade and arrears of salary and promoting him as Principal/Professor. That writ petition was disposed of by the High Court by order dated 13.4.2017 with a direction to the Director, Higher Education, U.P. to take a decision in the matter within three months and if any amount is found due payable to the petitioner, the same shall also be paid to him. It is stated that on receipt of the order of the High Court, the Director, Higher Education directed the Principal, Government Post Graduate College, Chunar, Mirzapur vide order dated 12.8.2017 to pay the dues of salary of Selection grade to the petitioner amounting to Rs. 25,234/- for the period from 20.8.1999 to 17.06.2001. The petitioner has made allegations in para 45 of the writ petition that some persons namely, Brahma Dev, Dr. Sandhya Rani, Dr. Chaman Lal and Dr. Arvind Ram were promoted on the post of Principal in Government Degree Colleges but they were not qualified for the said post.
(3.) Per contra, the case of the respondents in their counter affidavit is that the petitioner was initially appointed as Lecturer, Political Science in the Government Degree College vide Government Order dated 4.8.1990 and that his services are governed by the U.P. Higher Education Service Rules, 1980. He was provided Selection grade in the U.G.C. pay scale on 20.08.1999 and was promoted as Under Graduate Principal of the Government Degree College in 2001 and assumed charge on 18.06.2001. It is stated that as Principal of the Government Degree College, the petitioner was also Drawing and Disbursing Officer at the College of posting but did not draw any arrears of salary, although he had full authority as DDO to draw salary but for reasons best known to him he did not submit any bill for arrears of salary for almost 14 years that he was posted as Principal. It is stated that the petitioner's representation dated 13.02.2017 for arrears of salary with regard to promotion in the Selection Grade of Lecturer was considered and the Principal of the Government Degree College, Chunar, Mirzapur where the petitioner was last posted was directed vide letter dated 12.6.2017 to release the arrears of salary due to the petitioner which was also duly released by the College on 23.6.2017. It is also stated that vide Government Order dated 08.09.2015, the petitioner was demoted from the post of Principal, Government Degree College to the post of Reader/Associate Professor, Political Science in compliance of the judgment of the Supreme Court dated 27.04.2012 passed in Civil Appeal no. 2608 of 2011 (U.P. Power Corporation Ltd. v. Rajesh Kumar and others). The case of the respondents is that if the petitioner is claiming the designation of the post of Professor/Principal then he has to fulfill the criteria of merit-cumseniority and has to considered by the Departmental Promotion Committee (in short 'DPC').;