MAHATMA GANDHI UNIVERSITY Vs. RINCYMOL MATHEW

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the Division Bench of the High Court of Kerala at Ernakulam in Writ Appeal No. 1355 of 2019 by which the Division Bench of the High Court has dismissed the said writ appeal preferred by the appellant and has confirmed the judgment and order passed by the learned Single Judge passed in Writ Petition No. 13265 of 2018 directing the appellant University to pass appropriate orders counting the past service of the respondent, who was working as Assistant Professor in the School of Behavioural Sciences under the University, for the purposes of computing the benefits due to her in accordance with the Career Advancement Scheme (hereinafter referred to as "CAS ") under the UGC Regulations, the University has preferred the present appeal.

(2.) The respondent herein was initially appointed as a Lecturer in the School of Medical Education, a self-financing institution under the appellant University w.e.f. 3/10/1998. The said appointment was consequent to a selection process that was conducted pursuant to administrative sanction accorded by the Vice-Chancellor of the University after obtaining necessary approval from the Director, School of Medical Education. Initially, she was appointed on probation. Her probation in the post of Lecturer was thereafter declared on 3/10/1999 and she continued to work as Lecturer till 5/2/2001. That thereafter she was appointed as Assistant Professor in Nursing for the period between 6/2/2001 and 11/10/2004 as Associate Professor in Nursing between 4/10/2004 and 11/4/2005 and as Professor in Nursing between 12/4/2005 and 20/1/2011. That thereafter w.e.f. 21/1/2011, she was appointed as Assistant Professor in the School of Behavioural Sciences, department of the Mahatma Gandhi University.

(3.) Learned counsel appearing on behalf of the appellant University has taken us to Regulation 10.1 of the UGC Regulations. It is submitted that as per Regulation 10.1, only previous regular service as Assistant Professor, Associate Professor should be counted for direct recruitment and promotion under CAS. Therefore, it is submitted that as initially, the appointment of the respondent as a Lecturer was on temporary post and was not made after following due procedure as required under the Mahatma Gandhi University Statutes, 1997, respondent shall not be entitled to past services rendered for CAS benefits.