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2018 Supreme(All) 1412
IN THE HIGH COURT OF ALLAHABAD
BEFORE : B. AMIT STHALEKAR AND JAYANT BANERJI, JJ.
Dr. ANNIKA SINGH ....Petitioner
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Civil Misc. Writ Petition Nos. 12584, 12882, 13373, 13400, 13374, 13448 and 15444 of 2018, decided on 5th October, 2018)
Counsel :
Shivendu Ojha, Radha Kant Ojha, Shrawan Kumar Tripathi, Hari Om Ojha and Rishi Kant Rai for the Petitioner; C.S.C. and Rohit Pandey for the Respondents.
Headnote:Appointment – Contractual Appointment – Lecturer – Benefit of regular pay-scale – Petitioner appointed on post of Lecturer on contract basis under Self-Finance Scheme for a period of three years on fixed salary of Rs. 19,680 p.m. – Petitioners relying on Vishal Chand’s case and claiming parity therewith to lay a claim of regular pay-scale as was allowed to Vishal Chand – Ratio of Vishal Chand’s case has no application to facts of present case, as it has not been case of petitioners that they were appointed – It is not the case of petitioner that any other Lecturer/Assistant Professor selected against advertisement No. 3 of 2010 is drawing a higher honorarium than that being paid to petitioner – Vishal Chand’s case has no application to facts of present case as it has not been case of petitioner that she was appointed against same advertisement, same recruitment process, same criteria and same selection as Vishal Chand – Case of Vishal Chand based on its own facts. [Paras 10 to 25]
Result; Petition Dismissed.
Hon’ble B. Amit Sthalekar, J.—Since the above writ petitions, which are connected together, involve identical and similar controversy, therefore, this bunch of writ petitions is being decided by a common order.
2. Heard Shri R.K. Ojha, learned senior counsel assisted by Sri Shivendu Ojha for the petitioners. Sri Shrawan Kumar Tripathi and Shri Rishikant Rai, learned counsel for the petitioners and Shri Ashok Khare, learned senior counsel assisted by Shri Rohit Pandey for the respondent Nos. 2,3 and 4 and the learned Standing Counsel for respondent No. 1.
3. The petitioner in the Writ Petition No. 12584 of 2018 is seeking a direction in the nature of mandamus commanding the respondents to pay him salary of the post of Lecturer/Assistant Professor in the pay-scale of 8000-13500 now revised to 15,600-37,400 in the grade pay of Rs. 6000/-. The case of the petitioner, in brief, as stated in the writ petition is that Chhatrapati Sahu Ji Maharaj University, Kanpur (the University for short) issued an advertisement for appointment on the posts of Professor, Readers and Lecturers in several departments vide Notification dated 18.6.2010 including department of Bio Technology in which 6 posts of Lecturer/Assistant Professors were advertised and out of six posts one post was reserved for OBC and one post was reserved for SC and remaining four posts were unreserved. It is stated that the petitioner is having the qualification of M.Sc. Bio-Chemistry and has completed her Ph. D. in 2004 with specialZation in Biotechnology and also qualified her National Eligibility Test in Life Science in 2000. It is stated that against the advertisement dated 8.6.2010 the petitioner submitted her application and the selection committee recommended her case for appointment on the post of Lecturer/Assistant Professor. Thereafter the selection result was also approved by the Executive Council of the University vide resolution dated 4.3.2011 and thereafter the Registrar of the University also issued an appointment letter dated 11.3.2011 to the petitioner on the post of Lecturer (UR) on contract basis under the Self Finance Scheme in the department of Bio Technology IDSBD for a period of three years on the fixed salary of Rs. 19,680/- per month. The appointment letter has been filed as Annexure-3 to the writ petition. In pursuance of the letter of appointment, the petitioner has joined her services as Lecturer/Assistant Professor in the department of Bio Technology on 18.3.2011. It is stated that the petitioner has been continuously working as Lecturer/Assistant Professor in the Department of Bio Technology without any break. Her contract services were extended for a period of five years on 26.7.2017, Annexure-5 to the writ petition.
4. In Writ petition No. 12882 of 2018, the case of the petitioner is that he has been appointed as Lecturer, in the Department of Mathematics under the Self Finance Scheme on 11.3.2011 on a fixed salary of Rs. 19,680/- per month. He is seeking a direction to the respondents to regularZe his services and to pay the regular pay-scale of Rs. 8000-275-13,500.
5. In Writ petition No. 13373 of 2018, the case of the petitioner is that he has been appointed as Lecturer, in the Department of Mathematics under the Self Finance Scheme on 18.4.2011 on a fixed salary of Rs. 19,680/- per month. He is seeking a direction to the respondents to pay the regular pay-scale of Rs. 8000-275-13,500 in the light of the judgement and order passed by this Court in W.P. A No. 62792 of 2009 (Vishal Chand v. State of U.P. and others).
6. In Writ petition No. 13400 of 2018, the case of the petitioner is that she has been appointed as Lecturer (SC), in the Institute of Journalism and Mass Communication under the Self Finance Scheme on 11.3.2011 on a fixed salary of Rs. 19,680/- per month. She is seeking a direction to the respondents to pay the regular pay-scale of Rs. 8000-275-13,500 in the light of the judgement and order passed by this Court in W.P. A
