( 1 ) THE petitioner filed the present petition for issuance of mandamus to redesignate the post of instructor in the Department of Fine Arts of Allahabad University to the post of lecturer and to pay salary of lecturer to the petitioner who presently is holding the post of instructor.

( 2 ) THE facts stated in the writ petition, relevant for the purpose, are that the petitioner was appointed as instructor in the Department of Fine Arts of Allahabad University by order dated 19/20. 1. 1987. He was appointed on permanent basis by order dated 2. 12. 1989. Such appointment, it has been stated, was upon successful selection by a Selection Committee considering several candidates including the petitioner. The petitioner is performing functions of lecturer in the department concerned including teaching graduate as also postgraduate classes.

( 3 ) IT has been further stated in the writ petition that on considering representation made by the instructors from time to time, the Executive Council of Allahabad University on 19. 3. 1974 passed a resolution that the post of instructors should be redesignated as lecturers and all the confirmed incumbents working against these posts be given lecturers grade. The State government did not take any action in the matter and, therefore, the said resolution could not be implemented. The Executive Council as well as Academic Council of University again resolved that the instructors be given the scale of lecturers and posts of instructors may be redesignated as lecturers. The said resolution, though was submitted before the State Government on 7. 2. 1981 and again on 14. 3. 1981, no action was taken by the State Government. The instructors continued to agitate their claims and approaches were being made to the appropriate authorities.

( 4 ) CONTENTION has further been made that some posts of demonstrators. Cartographers, Instructors in Physical Education Department and Research Assistant in the University have been given designation as well as scale of pay of lecturers. The present instructors though were getting the same scale as of Demonstrators, Cartographers, etc. , they are still being deprived. In such circumstances, the present writ petition has been filed for the relief already stated hereinabove.

( 5 ) THIS writ petition, when was considered by a Division Bench, two sets of judgments were considered and the writ petition was referred to a Full Bench by order dated 30. 7. 1997. The reason for the same was on contention of parties that one Division Bench in Civil Misc. Writ petition No. 5328 of 1992, Dr. Ashutosh Kumar Upadhyay v. Sampurnanand Sanskrit university, by judgment dated 22. 5. 1992 allowed a similar writ petition issuing mandamus directing the concerned University to treat instructor as lecturer and following the same by judgment dated 4. 11. 1992 Civil Misc. Writ Petition No. 21709 of 1988. Pankaj Kumar v. University of Allahabad, was allowed whereby research assistant in Allahabad University was granted pay parity with the lecturer of the University. On the other hand, another Division Bench deciding Civil Misc. Writ Petition No. 5327 of 1982. Radhey Shyam Bhalt and others v. State of u. P. , 1996 13) AWC 1468 : 1996 ALJ 1624, dismissed the same refusing the claim of the instructors in the Department of Fine Arts for pay parity with the lecturers.

( 6 ) THE petitioner filed an application for amendment of the writ petition which was allowed by order dated 4. 3. 1998. The order of the State Government dated 15. 3. 1982 was challenged.

( 7 ) COUNTER-AFFIDAVIT was filed on behalf of State of U. P. as also by the University, rejoinder-affidavit was also filed.

( 8 ) HEARD Mr. R. N. Singh, learned counsel for the petitioner. Mr. Ashok Bhushan, learned counsel for the University and Mr. Yatindra Singh, learned Additional Advocate General representing the State respondents.

( 9 ) CONTENTION of the petitioner is that the only defence of the University to the claim o