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IN THE HIGH COURT OF ALLAHABAD
IRSHAD ALI, J.
Vijay K. Bajpai and Another - Petitioners
Versus
Bhatkhande Music Institute Thru V.C. and Others - Respondents
Writ - A No. 1779 of 2010
Decided On : 13-10-2022
For the Petitioner: Amrendra K. Bajpai.
For the Respondent: Manish Pandey.
The main legal point established in the judgment is that the extension of probation period without confirmation does not entitle the employee to any relief.
Headnote:
Probation Extension - Service Rules - [Gayan (Thumri) to Gayan (Khayal)] - [Union of India and others v. Godfrey India Ltd. (1986 SC 806(1)), Ayodhya Prasad Singh v. Registrar, Co-operative Societies, Orissa (1970 Orissa 201)] - The court considered the extension of probation period and the conversion of the post of Gayan (Thumri) to Gayan (Khayal) by the Board of Management. It held that the petitioners were not confirmed on the said posts and only probation period of the petitioners had been extended from time to time, therefore, the petitioners were not entitled to any relief.
Fact of the Case:
The petitioners were engaged as Prashikshak (Gayan) by the Bhatkhande Music Institute. After completing their probation period, the posts on which the petitioners were working were not confirmed by the University. The probation period of the petitioners was extended from time to time.
Finding of the Court:
The court found that the petitioners were not confirmed on the said posts and only probation period of the petitioners had been extended from time to time, therefore, the petitioners were not entitled to any relief.
Issues: The issues involved the extension of probation period and the conversion of the post of Gayan (Thumri) to Gayan (Khayal) by the Board of Management.
Ratio Decidendi: The court held that the petitioners were not confirmed on the said posts and only probation period of the petitioners had been extended from time to time, therefore, the petitioners were not entitled to any relief.
Final Decision: The court disposed of the writ petition and allowed the petitioners to make a representation for confirmation and extension of probation period to the respondents, who were directed to consider the claim of the petitioners and decide the same within a specified period.
JUDGMENT :
1. Heard Ms. Tapasya Bajpai, Advocate holding brief of Shri Amarendra Kumar Bajpai, learned counsel for the petitioners and Shri Santosh Kumar Yadav Warsi, learned counsel for the respondents.
2. By means of the present writ petition the petitioners have prayed for the following reliefs :
"(a) issue a writ, order or direction in the nature of mandamus commanding the opposite respondents to allow the petitioners to work and discharge their duties as Kanistha Pravakta (Gayan) in classical vocal without any interference.
(b) issue a writ, order or direction in the nature of mandamus commanding the opposite parties no.1 and 2 to issue to the petitioners formal order of confirmation in service irrespective of the artificial break caused on account of deliberate act of opposite parties no.3 and 4 in not allowing such to happen.
(c) issue a writ, order or direction in the nature of mandamus directing the opposite parties to provide parity in employment to the petitioners with all other employed in dozens, duly absorbed in regular pay-scale from their past status of being employed against fixed salary only.
(d) issue any other suitable order or direction which this Hon’ble Court may deem, fit, just and proper under the circumstances of the case in favour of the petitioners.
(e) allow the writ petition of the petitioners with costs."
3. Facts of the case are that the Bhatkhande Music Institute has come into existence with such name and profile ever since 24th October, 2000 when the same has been recognized and conferred with the status of deemed University by the Ministry of Human Resources, New Delhi. However, the existence of the institution needs to be discussed as the background shall enlighten the glorious history and the contribution of the institution to the field of music culture.
4. The present institution came into existence since 1926 when Sri Umanath Bali as ruler of Dariabad estate in Barabanki gifted certain buildings in Qaiserbagh at Lucknow owned by him, then onwards for the purpose of running an institution for imparting education in classical music with diversities as vocal, dance and instruments. Initially it was known as Marris Music College. This institute as it existed was taken over by the cultural department of the State Government of the State Government w.e.f. 26.3.1966 and was conferred a status of a Government Institution with its name as 'Bhatkhande Hindustani Sangeet Mahavidyalaya'.
5. This status and concept continued till 24.10.2000, since when on the request of the State Government, the institution was accredited with the status of deemed University by the University Grants Commission duly notified by the Government of India. Thereafter it is known as Bhatkhande Music Institute (Deemed University). However the financial control of the institution vested on the grants and aid in its entirety by the cultural department of the State Government. As such the opposite parties are amenable to writ jurisdiction of Hon’ble Court of Article 12 of the Constitution of India.
6. The petitioners in 1997 were engaged as Prashikshak (Gayan) by the Principal of the then 'Bhatkhande Hindustani Sangeet Mahavidyalaya, Lucknow'. The petitioner no.1 was engaged for the Agra Unit of the Mahavidyalaya which was fully financed and controlled by the Head Office at Luckow and which unit was established in the year 1997 itself at Agra. The petitioner no.1 was appointed vide order dated 13.9.1997 by the then Principal of the Institution at Lucknow. In the same manner, for yet another Unit which was simultaneously opened at Ghaziabad in the year 1997. The petitioner no.2 was appointed on the post of Prashikshak (Gayan) for the Ghaziabad (Noida) Unit by the then Principal on 13.10.1997.
7. The Units which were established by the Bhatkhande Hindustani Sangeet Mahavidyalaya, Lucknow for Agra and Ghaziabad respectively had three instructors/ Prashikshaks each, one for the classical vocal, second for classical instrument (Tabla) and the t
