DEBANGSU BASAK,J. - (1.) The petitioner has assailed an Order dated June 17, 2016 passed by the Registrar of the University of Kalyani. By such order the Registrar has informed the petitioner of the decision of the Executive Council of the University dated June 17, 2016 to the effect that it seeks to keep in abeyance the absorption of the petitioner from the post of Research Associate to the post of Lecturer (Assistant Professor) and the subsequent promotions granted to him under the Career Advancement Scheme.
(2.) Learned Senior Advocate for the petitioner has submitted that, the petitioner was initially appointed as a Research Associate in the Department of History. The petitioner had sought the status of a Lecturer from the date of his appointment to the post of Research Associate. He had filed a writ petition for such purpose. Such writ petition was dismissed by the Trial Court. On appeal, the Hon'ble Division Bench by a judgment and order dated January 12, 1993 had allowed the writ petition of the petitioner. The Hon'ble Division Bench had directed the authority to treat the petitioner as a teacher as defined in Section 2(19) and Section 2(20) of the Kalyani University Act, 1981 with effect from the date when he was imparting instructions to the students of the University. He has also submitted that, the State had carried a Special Leave Petition to the Hon'ble Supreme Court of India. The same was disposed of on March 20, 2002 by directing the State of West Bengal and the University of Kalyani to comply with the directions of the High Court dated January 12, 1993 if not yet done within a period of six months. He has referred to an Order dated April 5, 2013 issued by the Deputy Secretary directing the University to fix the status of the petitioner and his salary as a Lecturer with effect from April 1, 1987 with the consequential benefits including Career Advancement Scheme as per the rules and order prevailing at the corresponding time. He has also referred to the writing dated January 14, 2013 issued by the University of Kalyani informing the parties concerned of the decision of the Executive Council of Kalyani University to accept the order of the Higher Education Department dated June 19, 2012.
(3.) Referring to a writing dated December 6, 1968 disclosed in the affidavit-in-reply learned Senior Advocate for the petitioner has submitted that, the University Grants Commission (UGC) had directed that, the post of a Research Associate may be considered as equivalent to the post of Lecturer at the University. He has referred to the Division Bench judgment and order dated January 12, 1993 and has submitted that, the petitioner was directed to be considered as a teacher as defined in Section 2(19) and Section 2(20) of the Kalyani University Act, 1981. The Order dated January 12, 1993 read with the University Grants Commission writing of 1968 permits the Higher Education Department to direct the University authorities to treat the petitioner as a Lecturer.;