K S JAWATKAR Vs. CHANCELLOR JAWAHARLAL NEHRU UNIVERSITY

JUDGEMENT

(1.) THIS intra court appeal impugns the judgment dated 16 th September, 2011 of the Learned Single Judge disposing of WP(C) No. 2044/1992 and dismissing WP(C) No.911/2007, both preferred by the appellant. Though two separate appeals ought to have been filed but we have, with consent, finally heard the appellant who appears in person as well as counsel for the respondent Jawaharlal Nehru University (JNU) who appeared on advance notice. During the course of hearing, the files of the writ petitions from which this appeal arises were also called for and perused.

(2.) THE appellant joined the JNU w.e.f. January, 1971 as a Research Assistant in the Department of South Eastern Studies and was on 29 th November, 1973 offered and on 3 rd December, 1973 accepted the post of Associate Fellow in the Post Graduate Studies Centre (PGSC) of JNU at Imphal, Manipur, for a period of one year and which period was extended from time to time. Upon the PGSC at Imphal inviting applications for the posts of Associate Professor and Assistant Professor in Political Science Division, the appellant applied and was appointed as Assistant Professor, initially on ad hoc basis but was subsequently regularized. Upon the PSGC being transferred to Manipur University, according to the JNU the appellant became an employee of the Manipur University and ceased to be an employee of JNU. This led to a round of litigation (first round of litigation) and which culminated in the judgment titled Jawaharlal Nehru University Vs. K.S. Jawatkar AIR 1989 SC 1577 and it was held that the transfer of PGSC from JNU to Manipur University could not result in transfer of the employment of the appellant to Manipur University and the appellant was held to be continuing in the service of JNU. The appellant, during the first round of litigation, had continued to work in the JNU.

(3.) QUA the entitlement to MPS, the case of the appellant was that though he had applied on 5th September, 1983 but his case was not considered and therefore one Mr. Sushil Kumar who was junior to the appellant and did not possess Ph.D. was promoted under the MPS Guidelines w.e.f. 1 st January, 1983; that the appellant, after the judgment (supra) of the Supreme Court in the first round of litigation again represented for consideration of his case under the MPS and his said representation was considered on 23 rd April, 1991 by a Selection Committee constituted for the said purpose but he was not found suitable for promotion to the post of Associate Professor under the MPS; however the Selection Committee in its meeting held on 15th March, 1993 considered his case and found him suitable and promoted him to the post of Associate Professor w.e.f. 1st January, 1984.