(DR.) (MISS) CHANDRAWATI BHATT Vs. THE DIRECTOR, HIGHER EDUCATION U.P., ALLAHABAD AND OTHERS
LAWS(ALL)-1998-4-164
HIGH COURT OF ALLAHABAD
Decided on April 29,1998

Chandrawati Bhatt Appellant
VERSUS
Director, Higher Education U.P., Allahabad Respondents

JUDGEMENT

R.R.K. Trivedi, Raj Kumar Mahajan, JJ. - (1.) HEARD learned counsel for the parties. This writ petition was admitted and connected with Writ Petition Nos. 5507 of 1987 and 6633 of 1987. This writ petition has been filed for a direction to respondents not to interfere with the working of the petitioner lecturer till regular selection is made and further to pay the pay scale approved by the University Grants Committee alongwith other benefits. Writ petition No. 4812 of 1988 involving the identical controversy was decided by a bench of this Court by judgment dated 10th October, 1996. The operative part of the order is being reproduced below: - - In the premise we are of the view that the Government order dated 22.7.1986 is liable to be quashed and the petitioners are entitled at least the minimum pay scale in the regular pay scale for lecturers teaching in same colleges. According to the petitioners it is scale of pay of Rs. 2,200 -4,000/ -. In the circumstances, we direct that the petitioners be paid salary instead of per lecture equivalent to Rs. 15/ -, if not already enhanced, in the minimum of the scale of pay. In case the pay scale has been enhanced, then salary shall be paid in the enhanced pay scale. We further provide that the case of the petitioners for regularisation be considered in the light of observations made above and in accordance with law. The writ petition is allowed in terms mentioned above. Parties to bear their own costs. The judgment of the Division Bench was challenged before Hon'ble Supreme Court in Special Leave Petition No. 3921 of 1997. The Special Leave Petition was dismissed on 5.5.1997. The present writ petition is squarely covered by the aforesaid judgment. The writ petition is thus allowed on the terms and conditions provided in the judgment dated 10th October, 1996. There will be no order as to costs.;


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