UNIVERSITY OF DELHI Vs. SHIV KUMAR SHARMA

JUDGEMENT

(1.) This appeal is directed against the order of learned Single Judge dated 26/04/2000, thereby allowing the writ petition of the respondent herein and setting aside the orders of the appellant university in granting him notional promotion as Assistant Registrar with effect from 10-2-1994 and directing the university to grant him promotion as Assistant Registrar with effect from May 1981 and one time upward movement as Deputy Registrar in .1989. with all consequential benefits.

(2.) Briefly stated the relevant facts leading to the present appeal are that the respondent was appointed a Senior Laboratory Assistant in Delhi University w.e.f. 4.8.1958 but was assigned the duty of clerk/typist. He was later on taken on. the cadre of clerk/typist in 1963. However, he was not given benefit of his service rendered during the period of 4.8.1958 to 31/12/1963. The respondent approached this Court by means of a Civil, Writ Petition No.76 of 1976 and vide an order dated 2/11/1995 the learned single Judge allowed the said writ petition and quashed the resolutions dated 29.4.94 and 28.4.76 and letter dated 25.5.76 issued by the appellant university and directed that the respondent shall be given seniority from the date of his initial appointment i.e. from 4.8.58 in the cadre of clerk/typist with all consequential benefits and promotions flowing therefrom. Aggrieved by the said decision, the appellant university filed Special Leave Petition No. 12727/96 and that came to be disposed of by the Supreme Court vide order dated 26/11/1996 which reads as follows:-

(3.) Pursuant to the decision of learned Single judge as stood modified by the above order of the Supreme Court, the appellant-university after undertaking an exercise, by means of order dated 27th December, 1996 antedated the promotion of the respondent to the post of Assistant, Senior Assistant and Section Officer as under:-