DR.SANGEETA SRIVASTAVA v. CHANCELLOR LUCKNOW UNIVERSITY LUCKNOW
WRIA/2001989/2000 · 2025-08-18
Manjive Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138250 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138250 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48001-DB Court No. - 1 Case :- WRIT - A No. - 2001989 of 2000 Petitioner :- Dr.Sangeeta Srivastava Respondent :- Chancellor Lucknow University Lucknow Counsel for Petitioner :- Mohd.Mansoor,Vijay Dixit Counsel for Respondent :- P.C.Agarwal,B.K.Shukla,Rajesh Tewari,S.C.Misra,Savitra Vardhan Singh,U.Chandra Hon'ble Rajan Roy,J. Hon'ble Manjive Shukla,J. Heard Sri Mansoor, learned counsel for the petitioner, Sri Rajesh Tiwari, learned Additional Chief Standing Counsel for the State and Sri Savitra Vardhan Singh, learned counsel for Lucknow University. This writ petition was filed way back in 2000 challenging an
order dated 28.09.2000 passed by the Chancellor on the representation of the petitioner. The facts of the case in brief are that the petitioner was engaged as Lecturer in the Chemistry Department of Lucknow University on part time basis vide order dated 12.12.1994. On 24.06.1999 she went on maternity leave. When she returned back to join her services in July, 1999 she was not allowed to join. She represented and ultimately, her representation was rejected vide impugned order dated 28.09.2000. This writ petition was filed wherein an interim order was passed on 22.12.2000 in the following terms:-
"Mr. Arora as well as Senior counsel Mr. Umesh Chandra may file a counter affidavit within two weeks indicating as to under what circumstances the part-time lecturers, who were appointed in the Chemistry Department in a similar fashion have been allowed to work and the services of the petitioner have been dispensed with. List this petition on 17th January, 2001. Meanwhile, it is provided that in case similarly situated persons are allowed to work as part-time lecturers till regular selection made in accordance with the statute, the petitioner will be allowed to continue and paid salary." It is not in dispute that in pursuance to the said interim order the petitioner was allowed to continue as part-time Lecturer. We are now in the year 2025.
Learned counsel for the petitioner has invited our attention to a communication dated 10.06.2004 by the Registrar allowing the
petitioner to continue on the post of Lecturer in the regular pay- scale until the substantive vacancies available in the Department with effect from the date of taking over her charge, meaning thereby, in pursuance thereof she ceased to be a part- time Lecturer. Thereafter, he has invited our attention to a communication dated 23.03.2021 issued by the Registrar to her which is part of Annexure SA- 2, according to which, she has been granted promotion under the Career Advancement Scheme to the post of Assistant Professor (Grade- II), Grade Pay of Rs. 15600-39100 A.G.P. Rs.7000/- w.e.f 30.06.2012. These facts are not disputed by the opposite parties. Considering the aforesaid and also on the merits of the matter, as, merely because a part-time Lecturer had gone on maternity leave in June, 1999 we see no reason as to why she could not have been allowed to join in July, 1999. We, accordingly, quash the impugned order dated 28.09.2000 which in any case has lost its efficacy because of the subsequent developments noticed hereinabove. The writ petition is allowed in the aforesaid terms. . (Manjive Shukla,J.) (Rajan Roy,J.)
Order Date :- 18.8.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench