Mahendra Lal Kanaujiya, Senior Assistant, Deptt. of Chemistry vs Chancellor, Kumaun University and Vice Chancellor, Kumaun University

Prafulla C. Pant, J.—Heard.

By means of this petition, the Petitioner has challenged the order dated 22nd of March 2007, passed by the Chancellor of the Kumaun University, whereby the representation/petition of the Petitioner Mahendra Lal Kanaujiya, has been dismissed.

In brief the facts of the case are that the Petitioner was an ad hoc clerk in Government Post Graduate College, Almora, since May 1974. Vide Government Order dated 04.06.1980, issued by the Government of Uttar Pradesh, Kumaun University was created under the Uttar Pradesh State Universities Act, 1973. The employees of the Government Degree College, Almora, which form part of the Campus College of the new University, were given option either to join University service by resigning from the Government service, or to get themselves transferred from the Government Degree College. The Petitioner resigned from the Government service w.e.f. 28.02.1981 (A/N), and joined the University service w.e.f. 01.03.1981 (F/N). The Petitioner has claimed seniority and other benefits on the basis of the service he had rendered to the Government of Uttar Pradesh i.e. prior to the creation of new University. By the impugned order, the Chancellor of the University has rejected the representation/petition of the Petitioner on the ground that the Petitioner has been given all the benefits to which he was entitled as per the terms and conditions of the Government Order dated 04.06.1980. (The Petitioner has since retired from service). He has sought promotion and other benefits on the basis of the seniority claimed by him.

In the counter affidavit filed on behalf of the University, as per the terms of the order dated 04.06.1980, employees who joined the University service were entitled benefit of the service rendered by them with the Government only for the purposes of pension and gratuity, and no other purpose. As such, since the Petitioner has already been given the pensionery benefits, giving him benefit of his seniority rendered with the Government, he is not entitled to promotions based on the length of service from the date he joined the Government ad hoc service in the year 1974.

Having considered submissions of learned Counsel for the parties, and after going through the affidavits filed by them, we do not find any illegality in the impugned order, passed by the Chancellor. Therefore, this writ petition is liable to be dismissed. The same is dismissed. No order as to costs.