K S JAWATKAR Vs. JAWAHARLAL NEHRU UNIVERSITY

JUDGEMENT

(1.) THESE are two writ petitions by Dr. K.S. Jawatkar who retired as Associate Professor in the School of International Studies (,,SIS) of Jawaharlal Nehru University (,,JNU). In W.P. (C) 2044 of 1992, the prayer is that the JNU should release to the Petitioner his revised salary and other allowances including arrears with interest accrued thereon in the post of Assistant Professor with effect from 1st January 1986, to promote the Petitioner with effect from 1st January 1983, give the benefits of the ,,Merit Promotion Scheme (,,MPS) and quash the list of faculty members of the JNU as on 1st October 1989 published in a document ,,Jawaharlal Nehru University: 20th Anniversary.

(2.) THE prayer in the second W.P. (C) 911 of 2007 is for a direction to the JNU to grant the Petitioner promotion as Professor with effect from 1st January 1992, alternatively as the Professor Appadorai Chair in International Relations with effect from 1995. THE Petitioner further seeks a declaration that he should be deemed to have continued in service up to the age of 65 years in terms of Clause 6 of the Academic Ordinances applicable to JNU made under the Jawaharlal Nehru University Act, 1966 (,,JNU Act) as well as a resolution dated 19th April 1976 of the JNU. THE Petitioner also seeks a direction to the JNU to pay him the entire arrears of salaries up to 31st August 2003 and other statutory dues, including pension with effect from 1st September 2003 as well as consequential benefits. Facts leading up to the Supreme Court judgment

(3.) ON 23rd December 1977, an advertisement was issued by the PGSC at Imphal for appointment, inter alia, to the posts of Associate Professor/Fellow and Assistant Professor/ Assistant Fellow in Political Science division. The Petitioner applied for the post of Associate Professor but the Selection Committee did not find him suitable for that post and recommended him for the lower post of Assistant Professor. By letter dated 29th April 1978 the JNU offered him the appointment of Assistant Professor in Political Science division on an ad hoc basis at the PGSC at Imphal for a period of one year or till his services were required by the PGSC, whichever was earlier. By a letter dated 21st March 1979, the JNU offered him the post of Assistant Professor at Imphal for a period of two years. He joined as Assistant Professor on 29th August 1979 and, thereafter, was appointed as such by a Resolution of the JNU on 29th October 1979, on a regular basis, with effect from the date of initial appointment dated 29th August 1979.