[2008(3) ADJ 193 (DB)]
ALLAHABAD HIGH COURT
BEFORE : ANJANI KUMAR AND SUDHIR AGARWAL, JJ.
Dr. HARIKANT MISHRA ......Petitioner
Versus
STATE OF U.P. AND OTHERS .......Respondents
(Civil Misc. Writ Petition No. 16002 of 2007, decided on 8th February, 2008)
By the Court.—Counter and rejoinder affidavits are exchanged and, therefore, as requested and agreed by learned Counsel for the parties this writ petition has been heard and is being decided finally at the admission stage under the Rules of the Court.
2. Aggrieved by the order dated 1.3.2007 whereby the Registrar, Jagadguru Rambhadracharya Viklang Viswavidyalaya, Chitrakoot (hereinafter referred to as the “University”) has informed the petitioner that his services would come to an end on 31.3.2007, the petitioner, Dr. Harikant Mishra has approached this Court in the present writ petition filed under Article 226 of the Constitution of India seeking a writ of certiorari for quashing the said order. He has also sought a writ of mandamus commanding the respondents to pay him regular salary and not to interfere in his peaceful functioning as Lecturer/Assistant Professor in the University. By means of amendment, the petitioner has further challenged the order dated 31.3.2007, whereby the University has communicated its decision to the petitioner of abolition of post held by him.
3. Brief facts giving rise to the present writ petition, as stated in the writ petition, are that the University has been established under U.P. Act No. 32 of 2001 (hereinafter referred to as the “Act”) in private sector for providing education to handicapped persons. It imparts higher education namely B.A. and M.A. courses in various subjects like, Philosophy, Hindi, Sanskrit, English, History Culture and Archaeology, Sociology, Drawing and Painting, Music and Political Science. It is a residential University and regular classes are conducted in all the said subjects. The petitioner was issued letter of appointment on 30.8.2001 for imparting education in the Department of Philosophy on fixed salary of Rs. 3,000/- per month for the session ending on 30.4.2002. The letter of appointment (Annexure-2 to the writ petition) contains conditions of appointment stating that the appointment would commence on 1.9.2001, provided, he join on the same day, and, he shall not be entitled for any other emolument except the fixed salary of Rs. 3,000/- per month. The appointment would come to an end automatically on expiry of the period for which it has been made and the petitioner shall not be treated to be an employee of the University for claiming benefits available to the employees of the University. The petitioner accepted the aforesaid appointment and joined as directed by letter of appointment dated 30.8.2001. After expiry of the aforesaid period, in continuation to the appointment letter dated 30.8.2001, the petitioner’s appointment on the post of Lecturer/Assistant Professor in the Department of Philosophy was made for the period of 1.5.2002 to 30.6.2004 vide appointment letter dated 25.7.2002 (Annexure-3 to the writ petition) on fixed emolument of Rs. 3,500/- termed as honorarium.
4. In order to fill up the post of Lecturers in the university which included post of Lecturer in the Department of Philosophy, an advertisement was published in the “Employment News” dated 30.11.2002, 1.12.2002 pursuant whereto the petitioner also applied but the recruitment did not proceed further and no selection was made by the University. Thereafter again another advertisement was published on 3.7.2004 in daily newspaper ‘Dainik Jagran’ advertising one post of Lecturer in Philosophy pursuant whereto the petitioner also appeared and he was selected by the selection committee constituted by the University. The letter of appointment was issued to the petitioner on 25.10.2004 (Annexure-7 to the writ petition). The petitioner pursuant to the appointment letter dated 25.10.2004 joined his services and since then he is continuously working as Lecturer in the University. All of a sudden, by means of the impugned order dated 1.3.2007 he has been informed that the project under which his appointment was made i.e. “Xth five year plan” is going to expire on 31.3.2007 and, therefore, the peti
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