# Anil Kumar Singh v. State Of U.P. & Ors - **Citation:** (2016) 7 ILRA 222 - **Court:** High Court of Judicature at Allahabad - **Decided:** 2016-07-04 - **Bench:** Sudhir Agarwal, Prabhat Chandra Tripathi - **Source:** https://unisonlegal.in/judgment/allahabad-high-court/anil-kumar-singh-v-state-of-u-p-ors-44021 - **Pages:** 10 ## Text 222 INDIAN LAW REPORTS ALLAHABAD SERIES 9. Keeping in view the fact that the parties have put to an end their all disputes by means of settlement, it does not appear just and proper to continue the criminal proceedings under Section 498-A I.P.C. against the husband, father-in-law and mother-in-law that too in a case where no injury has been caused to the victim. 10. In view of the above application is allowed and the entire proceedings of Case No. 1051 of 2015 ( State Vs. Manoj Bansal and others) arising out of Case Crime No. 508 of 2014, under Sections 498-A, 323, 504 and 506 I.P.C. and Section of D.P. Act, Police Station Amariyan, District Pilibhit including charge sheet no. 9 of 2015 pending in the court of A.C.J.M.-IInd, Pilibhit are hereby quashed. ----------- ORIGINAL JURISDICTION CIVIL SIDE DATED: ALLAHABAD 04.07.2016 BEFORE THE HON'BLE SUDHIR AGARWAL, J. THE HON'BLE PRABHAT CHANDRA TRIPATHI, J. Writ A No.- 39215 Of 1998 Anil Kumar Singh ...Petitioner versus State Of U.P. & Ors. ...Respondents Counsel for Petitioner: Ashok Khare, A.K. Singh, B.N.Singh Counsel for Respondents: C.S.C., Gautam Baghel, Prakash Padia, V.K.Singh In the present writ the Petitioner Anil Kumar Singh has challenged impugned advertisement No. 1 of 1998 (Annexure 28 to the writ petition), whereby Allahabad University, Allahabad (hereinafter referred to as 'University') has advertised one post of Librarian in pay scale of Rs.4500-7300/- in daily newspaper 'Rojgar Samachar' dated 7- 13/11/1998. He has also sought mandamus commanding respondents to comply with Government Orders dated 18.2.1995 and 26.7.1995 and in compliance thereto, transfer Library of Kali Prasad University College (hereinafter referred to as 'College') to University Library and adjust petitioner against post of 'Librarian' in the Library of University with all consequential benefits. Lastly, he has prayed for placing him in pay scale of Rs. 4500-7300 w.e.f 26.7.1995 pursuant to Government Order dated 29.2.1996, and make regular disbursement of salary and also pay arrears of salary from July, 1995. It has not been argued before the court that petitioner is a person who can be said to be appointed as 'Librarian' in accordance with provisions of Statutes under Central Act, 2005. There is no other provision brought to the notice of the court under which a person appointed by a Principal of College can be absorbed as 'Librarian' of University which is a separate individual post governed by different Statutes and petitioner has never been appointed, following the aforesaid procedure prescribed in the Statutes. 7 All. Anil Kumar Singh Vs State Of U.P. & Ors. 223 Relief sought by petitioner, in our view, cannot be granted. Writ petition lacks merit and is, accordingly, dismissed with cost which we quantify to Rs. 25,000/-. (Delivered by Hon'ble Sudhir Agarwal, J. & Hon'ble Prabhat Chandra Tripathi, J.) 1. Heard Sri B.N. Singh, learned counsel for petitioner and Sri Gautam Baghel, learned counsel for respondents. 2. Petitioner Anil Kumar Singh has challenged impugned advertisement No. 1 of 1998 (Annexure 28 to the writ petition), whereby Allahabad University, Allahabad (hereinafter referred to as 'University') has advertised one post of Librarian in pay scale of Rs.4500-7300/- in daily newspaper 'Rojgar Samachar' dated 7-13/11/1998. He has also sought mandamus commanding respondents to comply with Government Orders dated 18.2.1995 and 26.7.1995 and in compliance thereto, transfer Library of Kali Prasad University College (hereinafter referred to as 'College') to University Library and adjust petitioner against post of 'Librarian' in the Library of University with all consequential benefits. Lastly, he has prayed for placing him in pay scale of Rs. 4500-7300 w.e.f 26.7.1995 pursuant to Government Order dated 29.2.1996, and make regular disbursement of salary and also pay arrears of salary from July, 1995. 3. Brief facts as disclosed in writ petition are that 'University' was a State University and governed by the provisions of U.P. State Universities Act, 1973 (hereinafter referred to as 'U.P. Act, 1973') and Statutes and Ordinances framed there-under. Section 47 of Act, 1973 is applicable only to Universities of Lucknow, Allahabad and Gorakhpur and such other University as may be specified by State Government by means of a notification issued in this regard. It reads as under :- "47. Halls, hostels and delegacy of the University;- (1) This section shall apply to the University of Lucknow, Allahabad, Gorakhpur and such other University the State Government may by notification specify. (2) The Halls and hostels of the University shall be- (a) those maintained by the University and names in the Statutes; (b) those recognised by the Executive council on such general or special conditions as may be provided by the Ordinances. (3) The warden and other staff of the Halls and hostels shall be appointed in the manner provided by the Ordinances. 224 INDIAN LAW REPORTS ALLAHABAD SERIES (4) The Executive Council shall have power to suspend or withdraw the recognition of a hall or hostel which is not maintained in accordance with the condition referred to in clause (b) of sub-section (2). Provided that no such action shall be taken without giving to the management of such hall or hostel an opportunity of making a representative against the proposed section. (5) There shall be a Delegacy to supervise the arrangements relating to the residence, health and welfare of students of the University not residing in or under the care of any constituent college or hall. The constitution, power and duties of the Delegacy shall be prescribed by the Statutes." 4. College has a Library attached therewith. Earlier all the fund for staff of College including its library was disbursed directly through Directorate of Higher Education. Subsequently, vide Government Order dated 20.3.1992, University was directed to pay salary of staff of three tutorial colleges from University funds and thereafter staff of College started getting salary from University funds. 5. Petitioner was appointed as a 'Library Assistant' in the grade of Rs. 200-320 in College Library vide order dated 11.8.1982 issued by Principal of College. He was confirmed on the said post of 'Library Assistant' by resolution dated 27.8.1993 passed by Executive Council of K.P. Trust. Post of 'Library Assistant' as sanctioned by K.P. Trust was upgraded as 'Librarian' in pay scale of Rs. 570-735 w.e.f. 1.11.1987. It was communicated vide letter dated 3.11.1987 to petitioner. 6. Director, Higher Education (hereinafter referred to as 'DHE') vide letter dated 5.2.1988 informed Principal of College that in view of Government Order dated 8.9.1982, 'Librarian's pay scale of Rs.570-1100 was made applicable w.e.f. 1.7.1979 for Grade 'C' colleges. Principal of College vide letter dated 25.2.1988 informed petitioner that his salary in scale of Rs.570-1100 w.e.f. 01.11.1987 has been approved by DHE on 5.2.1988. 7. Thereafter, President, K.P. Trust confirmed petitioner as 'Librarian' w.e.f. 01.11.1988. This was also communicated by Principal of College vide letter dated 16.8.1990. 8. DHE vide letter dated 28.6.1990 informed Principal of College that it is not an affiliated college of University but part of University, therefore, pay scale of non-teaching staff should be got determined by Finance Officer of University. Petitioner's papers for pay fixation as 'Librarian' of College were returned in original. Finance Officer of University, vide letter dated 23.8.1990, informed DHE that salary of petitioner, as per his option, has been fixed in the pay scale of Rs. 1400-2600 w.e.f. 01.11.1987. 9. Petitioner in the meantime obtained 'Bachelor Degree in Library and Information Science' from Bhagalpur University, in the examination conducted in February, 1990 and degree 7 All. Anil Kumar Singh Vs State Of U.P. & Ors. 225 was issued by Bhagalpur University on 25.6.1992. In view of above qualification, Principal of College, recommended petitioner to be placed in pay scale of Rs. 2000-3200 w.e.f. 25.8.1990. Vide office order dated 10.11.1990, issued by Assistant Registrar (Accounts), petitioner's salary was fixed in pay scale of Rs. 2000-3200 w.e.f. 25.8.1990 at Rs.2060/-. 10. A Government Order was issued on 29.2.1996 in the light of recommendations of Equivalence Committee 1989, constituted for revision of pay scale of State Government employees stating that for 'Librarians', 'Deputy Librarians' and 'Assistant Librarians' of State Universities and Associated, Affiliated and Constituent colleges as also Non-Government aided colleges, pay scales of University Grant Commission are being sanctioned. 11. Consequently, it approved following pay scales w.e.f. 1.1.1986 for different categories of post and cadre:- LrEHk&1 LrEHHk&2 inuke osrueku :0 fo'ofo|ky; ds iqLrdky; LVkQA 1- iqLrdky;k/;{k 4500&150&5700&200&7300 2- mi iqLrdky;k/;{k 3700&115&4950&150&5700 3- lgk;d iqLrdky;k/;{k 2200&75&2800&100&4000 egkfo|ky; ds iqLrdky;k/;{k lEc)@lg;qDr@la?kVd 'kkldh; rFkk v'kkldh; lgk;rk izkIr egkfo|ky;ksa ds iqLrdky;k/;{k 2200&75&2800&100&4000 Column-1 Column-2 Designation Pay-scale Rs. Library staff of University 1. Librarian 4500-150-5700-200-7300 2. Deputy Librarian 3700-115-4950-150-5700 3. Assistant Librarian 2200-75-2800-100-4000 Librarian of Degree College Librarian of affiliated/associated/ 2200-75-2800-100-4000 constituent government and non-government aided Degree Colleges. (English Translation by Court) 226 INDIAN LAW REPORTS ALLAHABAD SERIES 12. Petitioner claimed that he satisfied all conditions as contained in Government Order dated 29.2.1996 for sanction of pay-scale of Rs. 4500-7300 w.e.f. 1.1.1986. He obtained 'Master's Degree in Commerce' in the year 1986 from Kanpur University, and "Master Degree in Library and Information Science" in August, 1994 in Session of 1992-93 and onward. He was sanctioned study leave from 13.10.1992 to 4.1.1993 vide letter of Vice Chancellor dated 23.9.1992. For implementing Government Order dated 29.1.1997, University constituted a Committee and on the basis of recommendation, petitioner was granted pay scale of Rs. 2200-4000 treating 'College' as affiliated college of University. Petitioner made a representation against such fixation on 11.6.1997 but received no reply. Though petitioner is entitled for pay scale of Rs. 4500-7300 but he has not been sanctioned said pay scale illegally and there is no justification for not providing said pay scale w.e.f. 26.7.1995. 13. It is also pointed out that by Government Order dated 18.2.1995, College was directed to transfer Library to Central Library of University. Thereupon, Registrar requested Government that in the Library of College, there is a permanent post of 'Librarian' in pay scale of Rs. 20003200, wherein petitioner is working for several years, hence alongwith transfer of books from 'Library' of College to Central Library of University, petitioner alongwith post be also transferred to Central Library of University. This proposal was turned down by State Government by order dated 26.7.1995 (Annexure-19 to the writ petition). Petitioner then made a representation dated 24.1.1996 enquiring from Secretary, Higher Education, when direction was issued for absorption/merger of College Library with Central Library of University, why it was not acted upon. He also requested that Government may direct for transfer/absorption of petitioner in Central Library. Thereafter several other representations were also made by petitioner. 14. Special Secretary, U.P. Government, by letter dated 26.4.1996 enquired, why petitioner has not been transferred to Central Library. Similar enquiry was made by Principal Secretary, U.P. Government by letter dated 28.3.1997 but thereafter University published advertisement in question, though petitioner was already working as 'Librarian' and Government having approved its absorption/merger in Central Library of University, he is entitled to work as Librarian in Central Library of University in pay scale of Rs. 4500-7300 and there could not have been any occasion to fill up this post by direct recruitment. 15. Claim set up by petitioner for the post of 'Librarian' of University with all consequential benefits has to be examined in the aforesaid factual background. 16. Allahabad University had different status at different times, hence it would be necessary to examine relevant Statutes as applicable from time to time. Initially, Allahabad University was governed by provisions of Allahabad University Act, 1921. Aforesaid Act was repealed by Section 74 of U.P. Act, 1973. Under Section 2(8) of U.P. Act, 1973, Allahabad University was an existing University, which, after promulgation of U.P. Act, 1973, was governed by provisions of said Act, Statutes and Ordinances framed there-under. 'Colleges' which could have been included for examination conducted by Allahabad University, were in the category of 7 All. Anil Kumar Singh Vs State Of U.P. & Ors. 227 associated colleges, autonomous colleges, constituent colleges and affiliated colleges, which were defined in Sections 2(2), 4, 5 and 6, are as under:- "2(2) 'affiliated college' means an institution affiliated to the University in accordance with the provisions of this Act and Statutes of that University; 2(4) 'associated college' means any institution recognised by the University and authorised under the provisions of this Act and the Statutes of the University to provide for the teaching necessary for admission to a degree of the University; 2(5) 'autonomous college' means an affiliated or associated college declared as such in accordance with the provisions of Section 42; 6. 'constituent college' means an institution maintained by the University or by the State Government and named as such by the Statutes;" 17. There was another category namely 'Hall of University' defined under Section 2(10) as under:- "2(10) "hall (or college) of a University" means a unit of residence, for students maintained or recognised by the University at which provision is made for imparting tutorial and other supplementary instructions." 18. In exercise of powers conferred under Section 50(1), Governor framed First Statutes for University of Allahabad (hereinafter referred to as 'First Statutes') published in U.P. Gazette Extraordinary dated 15th July, 1976. Under First Statutes of Allahabad University, Statutes 12.01 provided that Moti Lal Nehru Medical College, Allahabad maintained by State Government shall be Constituent College of University. Statutes 13.01 named Associated Colleges of Allahabad University and reads as under:- "13.01. The following shall be the Associated Colleges of the University: (1) Allahabad Agricultural Institute, Naini, Allahabad. (2) Allahabad Degree College, Allahabad. (3) Arya Kanya Degree College, Allahabad. (4) Chaudhary Mahadev Prasad College, Allahabad. (5) Ewing Christian College, Allahabad. (6) Hamidia Girls Degree College, Allahabad. 228 INDIAN LAW REPORTS ALLAHABAD SERIES (7) Jagat Taran Girls Degree College, Allahabad. (8) Moti Lal Nehru Regional Engineering College, Allahabad. (9) Rajarshi Tandon Girls Degree College, Allahabad. (10) Sanwal Das Sadan Lal Khanna Girls Degree College, Allahabad. (11) Ishwar Saran Degree College, Allahabad." 19. Statutes 19.01, 19.02 and 19.03 read as under:- "19.01. The hostels maintained by the University are: (1) Diamond Jubilee Hostel. (2) Dr. Amar Nath Jha Hostel. (3) International House. (4) Sarojini Naidu Girls Hostel. (5) Sir Ganga Nath Jha Hostel. (6) Sir P.C. Benerji Hostel. (7) Sir Sunder Lal Hostel. 19.02. The hostels recognised by the University are: (1) Muslim Boarding House. (2) Sumer Chandra Digamber Jain Hostel. (3) Ishwar Saran Hostel. 19.03. The halls (or colleges) of the University are: (1) William Holland University College. (2) Kali Prasad University College. (3) Madan Mohan Malviya University College." 7 All. Anil Kumar Singh Vs State Of U.P. & Ors. 229 (Emphasis added) 20. Statutes 19.01 details hostel maintained by University, Statutes 19.02 details hostel recognised by University and Statutes 19.03 details 'Halls (colleges) of University'. Statutes 19.03, we have already quoted above. 21. Kali Prasad University College is recognized by Allahabad University but it is a unit of residence and separate entity for management and governance. It is in these circumstances, appointment of staff is made, in college, by Principal or Committee of Management, as the case may be and not by University. Power of appointment of officers, teachers and employees of University is vested in Executive Council under Section 21(1) (vii). 22. University has separate post of 'Librarian' governed by Statutes 2.21 to 2.25. A 'Librarian' in University was to be appointed by University, with prior approval of State Government. Procedure for appointment of 'Librarian', specified in Statutes 2.21 reads as under:- "2.21. (1) The University may, with the prior approval of the State Government, appoint a whole time Librarian. The Librarian shall be appointed by the Executive Council on the recommendation of a Selection Committee, consisting of the following, namely: (a) the Vice-Chancellor; (b) two experts in Library Science, to be nominated by the Chancellor; (2) Until the Librarian appointed under clause (1) assumes charge of his office the Executive Council may appoint an Honorary Librarian from amongst the Professors of the University for such terms as it thinks fit." (Emphasis added) 23. Qualifications and emoluments of such 'Librarian' are governed by Statutes 2.22 and 2.23. 'Librarian' is under disciplinary control of Vice Chancellor vide Statutes 2.25. 24. Here it may be noted that in respect of other employees of University, Registrar has authority of exercising disciplinary control except 'officers' of University, 'teachers' of University, 'Librarian' and 'employees' referred to in Section 7. In case of Librarian, disciplinary control is with Vice Chancellor. 25. It is an admitted position that petitioner was never appointed as 'Librarian' following Statutes 2.21 and 2.22. College management on its own took a decision to upgrade post of 'Library Assistant' as 'Librarian' and thereupon petitioner, who was appointed as 'Library Assistant' by Principal of College, was upgraded and given salary in a higher pay-scales. Irrespective of fact that petitioner was given a particular pay-scale or that subsequently books of College Library have been 230 INDIAN LAW REPORTS ALLAHABAD SERIES transferred to University or that service of petitioner has also been transferred to University, fact remains that he is not 'Librarian' appointed in accordance with statutory provisions of U.P. Act, 1973 readwith Statutes 2.21 and 2.22 of First Statutes. Therefore, petitioner cannot claim parity with 'Librarian' of University, contemplated under First Statutes. This is the position which remains throughout during relevant period when books of College Library were transferred to Central Library of University and petitioner's services were also transferred to Allahabad University. 26. Allahabad University ceased to be State University under U.P. Act, 1973 with enactment of University of Allahabad Act, 2005 (hereinafter referred to as 'Central Act, 2005') by Parliament. It was declared an institution of National Importance and became 'University' governed by Central Act, 2005. Under the Central Act, 2005 all the acts already done under U.P. Act, 1973 have been protected. This protection also does not confer any benefit to petitioner since he was never appointed as 'Librarian' in University. 27. Under Schedule appended to Central Act, 2005 which is Statutes of University, we find that 'Librarian' is to be appointed through a Selection Committee constituted under Statutes 15, which reads as under:- 15. Selection Committees.- (1) There shall be Selection Committees for making recommendations to the Executive Council for appointment to the posts of Professor, Reader, Lecturer, Registrar, Finance Officer, Librarian and Directors of University Institutes and Heads of independent Centres maintained by the University. (2) The Selection Committee for appointment to the posts specified in Column I of the Table below shall consist of the Vice-Chancellor, a nominee of the Visitor and the persons specified in the corresponding entry in Column 2 of the said Table; Table 1 2 Librarian (i) Three persons not in the service of the University or an institution maintained by, or admitted to, the privileges of the University; who have special knowledge of the subject of the Library Science/ Library Administration to be nominated by the Executive Council. (ii) One person not in the service of the University or an institution maintained by, or admitted to, the privileges of the University, nominated by the Executive Council. 28. Statutes 24 provides that 'Librarian of University' shall be appointed by Executive Council on recommendation of Selection Committee, which reads as under:- "24. The Librarian.- There shall be a Librarian of the University, who shall be appointed by the Executive Council on the recommendations of the Selection Committee 7 All. Ram Sevak Vs State Of U.P. & Ors. 231 constituted for the purposes and shall exercise such powers and perform such duties as may be prescribed by Ordinances." 29. It has not been argued before us that petitioner is a person who can be said to be appointed as 'Librarian' in accordance with provisions of Statutes under Central Act, 2005. There is no other provision brought to our notice under which a person appointed by a Principal of College can be absorbed as 'Librarian' of University which is a separate individual post governed by different Statutes and petitioner has never been appointed, following the aforesaid procedure prescribed in the Statutes. 30. In view thereof, relief sought by petitioner, in our view, cannot be granted. Writ petition lacks merit and is, accordingly, dismissed with cost which we quantify to Rs. 25,000/-. ---------- ORIGINAL JURISDICTION CIVIL SIDE DATED: ALLAHABAD 06.07.2016 BEFORE THE HON'BLE PRADEEP KUMAR SINGH BAGHEL, J. Writ A No.- 58051 Of 2015 Ram Sevak ...Petitioner Versus State Of U.P. & Ors. ...Respondents Counsel for Petitioner: Manish Pandey Counsel for Respondents: C.S.C. Present petition has been filed regarding direction to District Magistrate (respondent no. 2) to consider the complaint made by the petitioner against the illegal appointment of the sixth respondent on the post of Aanganwadi Sahayika. The grievance of the petitioner is that in spite of several reminders, the District Magistrate has not passed any further order on his complaint and has kept the further proceedings in abeyance, without any plausible reason. The issue with regard to locus of the petitioner is to be examined at the very threshold. In Court a large number of writ petitions are filed against the selected candidates. In the present writ appointment are made under the different schemes of the Government and most of which are made in different welfare schemes launched and financed by the Central Government. These schemes are carried out by the State Government in terms of the guidelines/ circulars issued by the Government of India.