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1958 Supreme(All) 216

R.N.GURTU, J.SAHAI
PREM NATH SHARMA – Appellant
Versus
VICE-CHANCELLOR, LUCKNOW UNIVERSITY – Respondent


Advocates Appeared:
IQBAL AHMED, M.P.Srivastava, P.Dixit, S.D.MISHRA, UMESHCHANDRA SRIVASTAVA

R. N. GURTU, J.

( 1 ) THE petitioner, Dr. Prom Nath Sharma, according to the facts sworn to or admitted before us, was recruited as a lecturer in the Lucknow University in 1934. Ho was promoted to be a reader in 1946. He became an officiating professor in the department of Physics on 18-7-1950, when dr. D. D. Deodar, the permanent professor in the department of Physics retired. Applications were thereafter invited for the post of professor of Physics. The petitioner and others made applications. Eventually on 8-5-1952, the petitioner was confirmed as professor. He thus came to occupy the professorship and headship of the department of Physics in a substantive capacity on and from that date.

( 2 ) DR. Das Gupta, according to the facts sworn or admitted, was by a resolution of the Executive council of the University dated 18-3-1949, appointed as professor of Botany from the date he rejoined his duties in the University. Between 18-3-1949 and 15-12-1950, Dr. Das Gupta was on leave without pay. He took over charge on the last mentioned date as professor and head of the department of Botany in a substantive capacity.

( 3 ) BOTH Dr. Sharma and Dr. Das Gupta have continued to hold service









































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