JUDGMENT

Anshuman Singh, J. - This is a petition, under Article 226 of the Constitution of India, filed by the petitioner, who is working as a Research Assistant in the University of Allahabad for issuance of a writ of mandamus directing the respondents to pay him salary payable to lecturer of the University.

2. It is alleged that a post of Research Assistant fell vacant in the department of Political Science of the University and applications were invited for filling the same. The petitioner also applied to be appointed on the said post. He appeared before the Selection Committee on 11th December, 1987 which recommended the name of the petitioner to the Vice-Chancellor and on the said recommendation the Vice-Chancellor was pleased to appoint him which was communicated to the petitioner vide letter dated 3rd Feb. 1988, copy of the same has been filed as Annexure 3 to the writ petition. In pursuance of the aforesaid appointment letter, the petitioner is alleged to have joined the University as Research Assistant in the department of Political Science on 4th February, 1988 which fact is corroborated by the contents contained in Annexure 4 of the writ petition. According to the allegations contained in the writ petition, it is stated that from the very inception of his joining, the petitioner was assigned the same duties as that of the lecturer. He was required to teach Constitution of five countries to B.A. Part I classes for six periods in a week and three periods to B.A. Part II classes in a week about comparative Governments and Politics and the petitioner has been discharging the same duties till today. It has also been averred that the Selection Committee constituted for the purpose of appointing ad hoc lecturers in the University is the same which selects Research Assistants. It has been further stated that the petitioner was appointed in the over see committee to which the lecturers are appointed and he discharged his duties as a member of the said committee which is an appex body to supervise LL.B. examinations. He is also alleged to have been appointed Invigilator in the year 1987. Petitioner's claim is that though he is discharging all the duties of the Lecturer in the University, yet he is being paid salary in the pay scale of Rs. 515-15-590-18-626 E.B.-18-680-20-780 E. B. 20-860/- while the Lecturers are being paid in the pay scale of Rs. 2,200 to Rs. 4,000/-. It is alleged that the petitioner made several representations orally to the Vice-Chancellor and the Registrar for being paid the salary in the scale of Lecturer but since no heed was paid by the authorities of the University. the petitioner approached this court by means of the present writ petition.

3. In the case in hand, counter and rejoinder-affidavits have been exchanged and since there are no private parties to be served and the respondents are represented by their counsel, as provided under the Second Proviso to Rule 2 of Chapter XXII of the Rules of the Court and with the consent of the parties, this petition is being disposed of finally at the admission stage itself.

4. In the counter-affidavit filed on behalf Of the University respondent No. 1, the claim of the petitioner has been contested. specially the allegation that the petitioner has been discharging the same duties as that of the Lecturer has been denied. In the counters affidavit filed on behalf of the State of Uttar Pradesh, respondent No. 2, almost the stand taken by the University has been endorsed. In the rejoinder affidavit filed on behalf of the petitioner, the stand taken by the respondents has been denied and the facts stated in the writ petition have been reiterated. In paragraph 6 of the rejoinder affidavit, it has been stated that according to Statute 6 of Chapter X of the First Statute of the University "Instructors or Teaching Research Assistants or part time Lecturers or ad hoc Lecturers shall be appointed by the Executive Council on the recommendation of a Selection Committee co