- (1.) WE have heard Sri J.H. Khan, learned counsel for the petitioner, Sri Neeraj Tiwari, learned counsel for the respondents-University and the learned Standing Counsel for the State-respondents.
(2.) THE petitioner Ram Bharosey Lal Agnihotri aggrieved by the orders dated 18.6.2002,9.3.2000 and 30.4.2000, contained in Annexures 13,14 and 15 to the writ petition respectively, has filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari for quashing the same. He has also sought a writ of mandamus commanding the respondents not to interfere in his working as Assistant Director/Reader, Department of Adult Continuing Education and Extension, Chhatrapati Shahu Ji Maharaj University, Kanpur (hereinafter referred to as the University) and to pay his regular salary or in the alternative to permit him to assume duty as Project Officer/Lecturer in the aforesaid Department of the University and to pay his regular salary. The facts in brief giving rise to the present dispute, as stated in the writ petition, are that the petitioner was appointed as "Temporary Project Officer in the "Adult and Continuing Education Scheme" (hereinafter referred to as the Scheme) of the University Grants Commission (in short "the UGC") in the pay scale of Rs. 700-1300/- pursuant to the decision of the Executive Council dated 9th September, 1985, by the Registrar of the University. It is alleged by the petitioner that the Executive Council vide Resolution dated 15th August, 1984 confirmed him on the post of Project Officer in the said Scheme. The post of Assistant Director/ Reader was advertised by the University and pursuant thereto the petitioner also applied and he was selected and appointed vide Executive Council's resolution dated 29th April, 1994 communicated by the Registrar of the University vide letter dated 29th April, 1994. The aforesaid appointment was also temporary and required the incumbent, i.e., the petitioner to execute an agreement/contract in accordance with the statute of the University. The petitioner joined the post of Assistant Director on the same date, i.e., 29.4.1994 (afternoon). It appears that the aforesaid Scheme of Adult and Continuing Education was time bound and not extended by UGC beyond April, 2000 though some correspondence in this regard took place between the State Government and the UGC. However, the fact remains that no salary was paid to the petitioner from April, 2000 and on the contrary vide letter dated 9.3.2000 (Annexure-14 to the writ petition) he was informed that the post of "Assistant Registrar" which was under the UGC's Scheme, since the UGC has declined to provide any financial assistance from April, 2000 and onwards, therefore the post was liable to be abolished with effect from 30.4.2000 (Annexure-15 to the writ petition) and he cannot continue with effect from 30.4.2000, and the service shall stand terminated accordingly. By letter dated 30.4.2000 the Registrar further informed the petitioner that in anticipation of approval by the State Government for continuance of the post if he wants to render service voluntarily without any salary, he may do so but for the said purpose he shall not be paid any salary by the University. Later on, the Registrar vide letter dated 18.6.2002 reiterated what was conveyed vide letter dated 9.3.2000 and 30.4.2000 and informed the petitioner that the post of Assistant Director having abolished on 30.4,2000, his continuance thereafter is not permissible in law and, therefore, he should vacate the official accommodation allotted in the University Campus and should not discharge the official function.
(3.) IT is said that the State Government issued an order dated 23.7.1994 addressed to all the Vice-Chancellors of the State Universities of the State of U.P. wherein it is provided that the schemes which are approved/launched by the UGC/ All India Technical Education Council wherein some technical academic posts are also sanctioned, the posts which are sanctioned by the UGC, and bear financial expenses with the expectation that the State Government on the closer of the Scheme would bear the expenses of those posts, the State Government grants approval for sanction of such posts, since UGC requires for the issuance of a G.O. not only for sanction of the post by the State Government but also for undertaking the expenses by the State Government, if any. The G.O. further provides that the decision has been taken by the Government that those Schemes which are approved by the UGC/AITEC and grant is provided, the same would also be accepted by the Government for providing corresponding expenses with respect to the post and the steps in this regard be taken in the matters expeditiously. However, it is made clear that only such Schemes be referred to the Government where the UGC has made grant available normally for a period of 5 years. Regarding the continuance of the Scheme, University sent letter dated 22nd December, 2000 to the Government stating that by the G.O. dated 31st August, 1992, for the Department of Adult Continuing and Education, the following posts were sanctioned. The post sanctioned by the UGC and number The post sanctioned by the U.P. Government and number Persons working if any Director -1 Professor-cum-Director -1 None Assistant Director -2 Reader-cum-Assistant Director -1 Two. Project Officer -3 Lecturer-cum-Officer -2 Two;