S PALANIVEL Vs. PRICIPAL PODICHERRY ENGINEERING COLLEGE

JUDGEMENT

(1.) The writ petitioner is before this Court challenging the order passed by the first respondent regarding counting of petitioner's past service in equal/equivalent posts for the purpose of career advancement scheme which is kept in abeyance for want of approval from Ministry of Human Resources Development (MHRD) and that his past services rendered in the post equivalent would be considered for reception of approval from the Ministry.

(2.) The case of the petitioner is that he is a postgraduate in Structural Engineering and he joined in the first respondent engineering college as a lecturer on 26.11.1999 in civil engineering department and continue to work their. Previously he was working as a lecturer in the Regional Engineering College, Warangal from 5.8.1993 to 18.3.1997 and as Scientist Grade-TV (3) at the Structural Engineering Research Centre CSIR, Chennai from 19.3.1997 to 25.11.1999 and put more than six years of service in a grade which is equal/equivalent to the grade of Lecturer in the first respondent college. It is the further contention of the petitioner under the guidelines issued by the the second respondent, minimum length of service for eligibility to move into the grade of lecturer (senior scale) is four years for those with Ph.D and five years for those with M.Phil/M.E./M.Tec. and to get benefits under the carrier advancement scheme. The second respondent issued guide- lines to count past service of the candidate rendered in a equivalent post outside the institution in respect of Diploma Level Technical Institution. It is stated in regulation 2.00 of "Carrier Advancement Scheme in the University Grants Commission" (minimum qualifications required for appointment of teachers in Universities, colleges and other Institutions affiliated to it). The counting of past service has been stated in regulation 8.0.0 of "U.G.C. notification on revision of pay scales, minimum qualifications for appointment of teachers in Universities and colleges and other measures for the maintenance of standards 1998", which is extracted as follows:

(3.) The petitioner contends that he is eligible for carrier advancement Scheme and his past services rendered as a lecturer in Warangal Regional Engineering College and as a scientist in Structural Research Centre (CSIR) totally about six years, have to be taken as past services which are equivalent to the post of lecturer. The petitioner represented to the first respondent to count his past services and the same was not considered. Hence, the petitioner was compelled to obtain an order from this Court on 19.12.2002 in W.P.No.45552 of 2002 directing the first respondent to consider the petitioner's representation. By an order dated 5.2.2003. the petitioner was informed by the first respondent that there was no provision to count his past service and grant him senior scale under the Carrier Advancement Scheme for the faculty of the first respondent, which has been framed under the guidelines of UGC and that the petitioner's services from 1999 alone would be considered for "Carrier Advancement Scheme".