AJAY KUMAR JAITLY Vs. STATE OF U P AND ANOTHER
LAWS(ALL)-1998-12-35
HIGH COURT OF ALLAHABAD
Decided on December 01,1998

AJAY KUMAR JAITLY Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

Aloke Chakrabarti, J. - (1.) The petitioner filed the present petition for issuance of mandamus to redesignate the post of Instructor in the Department of Fine Arts of Allahabad University to the post of lecturer and to pay salary of lecturer to the petitioner who presently is holding the post of instructor.
(2.) The facts stated in the writ petition, relevant for the purpose, are that the petitioner was appointed as instructor in the Department of Fine Arts of Allahabad University by order dated 19/20.1.1987. He was appointed on permanent basis by order dated 2.12.1989. Such appointment, it has been stated, was upon successful selection by a Selection Committee considering several candidates including the petitioner. The petitioner is performing functions of lecturer in the department concerned including teaching graduate as also postgraduate classes.
(3.) It has been further stated in the writ petition that on considering representation made by the instructors from time to time, the Executive Council of Allahabad University on 19.3.1974 passed a resolution that the post of instructors should be redesignated as lecturers and all the confirmed incumbents working against these posts be given lecturer's grade. The State Government did not take any action in the matter and, therefore, the said resolution could not be implemented. The Executive Council as well as Academic Council of University again resolved that the instructors be given the scale of lecturers and posts of instructors may be redesignated as lecturers. The said resolution, though was submitted before the State Government on 7.2.1981 and again on 14.3.1981, no action was taken by the State Government. The instructors continued to agitate their claims and approaches were being made to the appropriate authorities.;


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