- (1.) BY the Court.- The present writ petition has been filed by the petitioner Dr. Pradeep Kumar Singh Pourush for grant of writ of mandamus directing the respondent No. 1 to grant Readership and Selection Grade to the petitioner after taking into consideration his past services rendered by the petitioner and also to direct the respondent Nos. 3 and 4 to annex the copy of the Screening Committee Report dated 20.11.2003.
(2.) IN short, the facts as alleged in the writ petition are that the petitioner's educational qualification is M.Sc., M.Phil, Ph.D. He was appointed as Assistant Professor in Ml. Sukhadiya University, Udaipur (Rajasthan) on 28.12.1991 to teach under graduates and post graduates in the department of Physics. The petitioner worked in the said University from 28.12.1991 to 12.4.1993. Subsequently, petitioner applied for the post of Lecturer in Physics in Agra University, Agra and he was appointed as Lecturer in Physics in Agra University, Agra on a probation of one year. The services of the petitioner were confirmed on the said post vide order of respondent No. 2 dated 23.9.1994, copy of which is annexed as annexure-1 to the writ petition. Petitioner contended that according to Rules, after completion of five years, he became entitled for personal promotion in senior scale. The respondent No. 2 constituted a committee to consider the case of the petitioner vide letter dated 20.9.1997. The said Selection Committee considered the case of petitioner and appointed him as Lecturer in the senior scale of Rs. 3000-5000 plus allowances admissible under University Rules w.e.f. 28.12.1996 (Copy of order dated 27.10.1997 is annexed as Annexurc-2 to the writ petition). The said annexure shows that Executive Council vide its Resolution No. 12/12 dated 8.10.1997 has appointed the petitioner as Lecturer Senior in Scale of Rs. 3000-5000 plus allowances as admissible under the University Rules from 28.12.1996. The petitioner joined his services as senior lecturer in Physics vide joining report of the petitioner dated 28.10.1997 which is annexed as Annexure-3 to the writ petition. According to first Statute of Agra University, Agra (Now Dr. B.R. Ambedkar University) under Statute No. 17.05, the continuous past services rendered in other Universities or its affiliated colleges are counted and included for the purposes of seniority, the petitioner made a representation' supported by a documents and approached the respondent No. 2 for inclusion of past services rendered in M.L Sukhadia University, Udaipur (Rajasthan) from 28.12.1991 to 12.4.1993. The respondent No. 2 vide letter dated 6.12.1997 informed the petitioner that the services rendered by him as Lecturer from 20.12.1991 to 20.4.1993 has been included the Seniority Committee by the University, copy of the communication letter dated 6.12.1997 is annexed as Annexure-4 to the writ petition. By this letter petitioner was informed by the Deputy Registrar that on the representation of the petitioner, seniority committee in its meeting held on 8/9th January, 1997 has counted the previous services as Lecturer from 28.12.1991 to 12.4.1993 of Udaipur University vide University Acts and Statutes 17.05 (c). The respondent University prepared and published the inter-se seniority list of teachers of the University on 25.11.1997, prepared in accordance with Chapter XVII of the First Statute of Dr. Ambedkar University, Agra in which petitioner was placed at serial No. 41, seniority list is annexed as Annexure-5 to the writ petition. Hence, it is clear from the seniority list that past continuous services of the petitioner were taken into consideration while publishing the inter-se seniority list of teachers.
(3.) IT is further asserted that certain part time Lecturers who were appointed by the University, approached the Hon'ble High Court for their regular appointments and they were directed to be appointed on regular basis. In compliance of the judgment of Hon'ble Allahabad High Court, the Executive Council converted the post of Reader in Physics Department into Lecturer and appointed the petitioner on the said post till regular selection is made. Petitioner represented his case to the Executive Council of the respondent University who considered the case of petitioner and vide order dated 10.7.2000 appointed the petitioner in the grade of Rs. 8000-13500 in exercise of its power under Clause 3(b) of Section 31 of the U.P. State Universities Act, 1973. Copy of the appointment letter dated 10.7.2000 is annexed as Annexure-6 to the writ petition.;