Usha Mishra v. Union of India and 4 Others

Court No. - 35 Case :- WRIT - A No. - 18118 of 2023 Petitioner :- Usha Mishra Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Ratnesh Kumar Shukla,Prabhakar Awasthi Counsel for Respondent :- A.S.G.I.,Diptiman Singh Hon'ble Vikas Budhwar,J. Heard Shri Avneesh Tripathi, advocate holding brief of Shri Prabhakar Awasthi, learned counsel for the writ petitioner, notice accepted on behalf of respondent No. 1, Shri Dinesh Chandra Srivastava and Shri Diptiman Singh, learned counsel for the respondent Nos. 2, 3 and 4. The case of the writ petitioner is that he was appointed as a lecturer in the University on 16.11.1985 by direct recruitment and was granted senior scale w.e.f. 04.10.1987 and 04.10.1995, the petitioner was promoted on the post of reader. As per the Career Advancement Scheme so applicable, the writ petitioner ought to have been accorded promotion on the post of professor. In para 5 of the writ petition, then it is being asserted that the said benefits were without any authority being withheld and on 29.10.2009. After a lapse of about seven years, the petitioner was promoted as a professor. It is also the case of the writ petitioner that he is superannuated on 06.01.2021 but was granted sessions benefits. It is also the case of the writ petitioner that on 22.01.2021, an officer order is stated to have been passed by the Registrar of the University whereby under the Career Advancement Scheme

(CAS), the writ petitioner has designated as lecturer w.e.f.

16.11.2002 and according to the writ petitioner, post according the said beneifts, revision is to be made with respect to not only the payment of salary but the pension also. Prayer in the present petition is for a direction to do needful in this regard. Shri Diptiman Singh, learned counsel for the respondent-University has brought before this Court a set of documents, according to which earlier they were certain audit objections dated

13.02.2019 to which correspondences sought to be made and lastly while relying upon Annexure 4 page 11, it is being sought to be submitted that now the objections have been removed and budget is being sought in order to make the payments of the respective teachers who stands cover under the Career Advancement Scheme. He thus submits that short time to be accorded to the University to make the entire follow up actions with the writ petitioner. He further submits that he does not propose to file any response to the writ petition. I have heard the learned counsel for the parties and perused the record. The court is of the opinion that no fruitful purpose would be served in detaining the writ petition on Board. However, the writ petition stands disposed of with a direction to the Vice Chancellor, University of Allahabad, Prayagraj to take appropriate decision expeditiously within a period of two months two months from the date of presentation of the certified copy of the order, keeping in mind that the writ petitioner stood retired on 06.01.2021. With the aforesaid observation, the writ petition is disposed off. Instructions filed today is taken on record. Order Date :- 24.11.2023/A. Prajapati High Court of Judicature at Allahabad