HIMANSHU TIWARI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Keshari Nath Tripathi, Senior Advocate on behalf of the petitioner, Sri Gopal Tripathi, learned Counsel on behalf of respondents No. 2 to 4. The petitioner before this Court seeks quashing of the order dated 7.5.2012 as communicated under letter dated 17.5.2012 of the Assistant Registrar, Account with the approval of the Vice Chancellor of the Allahabad University dated 20.1.2012. The petitioner has also prayed for a writ of mandamus directing the respondents to provide benefit of pay and designation etc. of Lecturer to the petitioner since the initial date of appointment i.e. 5.8.1977.

(2.) The petitioner before this Court claims to have been appointed as Instructor in the Department of Photography of the University of Allahabad on 5.8.1977 and his salary as Instructor in Photography was paid in terms of the resolution No. 5 dated 2.1.1984 passed by the Executive Council of the University of Allahabad. The order issued by the Registrar of the University in that regard has been enclosed as Annexure-2 to the writ petition. It is then stated that on the recommendation of the Selection Committee, the petitioner was appointed as a permanent Instructor in the Photography Department under order of the Vice Chancellor on 14.1.1984.

(3.) The petitioner along with three other persons namely, P.K. Mallik, S.K. Mishra and Vidyadhar Mishra filed Civil Misc. Writ Petition No. 7283 of 1986 claiming payment of salary and other benefits of the post of Lecturer. In the said writ petition, an interim order was passed by this Court on 9.3.1986 directing, payment of salary of the petitioner to the petitioner on the conditions mentioned therein. In terms of the interim order of the Hon'ble High Court, the petitioner was paid salary as Lecturer. The Registrar of the University vide order dated 27.9.1986 fixed the salary of the petitioner in the pay scale of Lecturer. The salary of the petitioner was refixed on appointment as a Senior Lecturer under Government Order dated 7.1.1989, w.e.f. 1.1.1986 by the Registrar vide order dated 13.8.1994. It is stated in paragraph No. that the petitioner was placed in the scale of Reader under personal promotion scheme w.e.f. 5.7.1993 in the light of the Government Order dated 7.1.1989 as communicated by the Registrar of the University vide letter No. 1418 dated 13.6.1994.