Court No. - 5
Case :- WRIT - A No. - 21039 of 2019 Petitioner :- Shailendra Pal Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arti Raje Counsel for Respondent :- C.S.C.
Hon'ble Surya Prakash Kesarwani,J.
Heard learned counsel for the petitioner and the learned standing counsel for the State- respondents.
This writ petition has been filed praying for the following relief:
"a. issue a writ, order or direction in the nature of MANDAMUS commanding and directing the respondents to place the petitioner in Nehru Memorial Shivnarayan Das Post Graduate College, Budaun, where he had worked from 23.9.2002 to 6.6.2017, pursuant to the judgment passed in the case of Dr. Geetika Nagar and others vs. State of U.P. and others, 2019 (3) ADJ 266."
Pursuant to the relevant government orders and the provisions of Section 31E of U.P. Higher Education Service Commission Act, 1983, petitioner who was earlier working on honorarium post (honorarium of Rs.100/- per lecture subject to maximum Rs.5,000/- in a month), has been absorbed as Assistant Professor in Sahu Jain College, Najibabad affiliated to M.J.P. Roohelkhand University, Bareilly. Now the petitioner wants that he should be accommodated in N.M.S.N. Das College, Budaun and the period spent by him during engagement on honorarium on part time basis should be added in his length of service as Assistant Professor.
I do not find any substance in the submissions of the learned counsel for the petitioner. The petitioner has been absorbed in terms of the provisions of Section 31E of the Act and the relevant government orders. Therefore, his request for accommodating in another college cannot be accepted. So far as the submission regarding adding the period spent in his part time engagement on honourarium basis is concerned, it cannot be added in the length of service of the petitioner as Assistant Professor appointed by absorption. The legal position in this regard has been settled by this court by judgment dated 26.11.2019 passed in WRIT - A No. - 18336 of 2019 (Dr. Vijay Kumar Srivastava And 19 Others vs. State Of U.P. And 2 Others) In view of the aforesaid, I do not find any merit in this writ petition. Consequently, the writ petition fails and is hereby dismissed.
Order Date :- 20.12.2019 NLY