YUVRAJ Vs. SECRETARY, UNIVERSITY GRANTS COMMISSION

JUDGEMENT

(1.) The petitioner seeks the direction against the respondent nos.2, 3 and 4 to consider petitioner's service period from his date of appointment i.e. from 6/2/2004 for fixation of revised pay-scale and other ancillary benefits and not from 21/8/2009 i.e. the date on which the exemption for qualifying NET/SET was relaxed for the petitioner.

(2.) By following the due procedure, the petitioner was appointed on 6/2/2004 as the Lecturer in English on contract basis on fixed consolidated payment of Rs.8,000.00per month. He belongs to scheduled caste category. The appointment was subjected to condition that the petitioner shall qualify the NET/SET examination within the period of two years from the date of joining and the same shall be terminated on expiry of the aforesaid period of two years, if the petitioner fails to qualify the examination within stipulated period. The appointment of the petitioner was duly approved by the Assistant Registrar, Nagpur University. Twice, the respondent no.2 extended the period of two years to enable the petitioner to qualify by passing NET/SET examination. On 15/2/2008, after artificial break of five days, he was again taken in service. The petitioner was not able to qualify NET/SET examination within the aforesaid stipulated period which was granted. Further 11 months' period was granted for qualifying the NET/ SET examination.

(3.) The petitioner was unable to qualify the NET/SET examination in the extended period. In year 2008, the petitioner has completed his M. Phil, when extended 11 months' period was about to expire. The petitioner has filed an appeal before the University and College Tribunal, Nagpur. The Tribunal has passed an order and granted exemption that is relaxation from NET examination to the petitioner for the post of full time Lecturer. After granting exemption, the respondent no.1 approved said exemption from 6/2/2004 i.e. from his date of appointment and the respondent no.1 directed for pay fixation from 6/2/2004 and also asked for opening a General Provident Fund account mentioning that the petitioner's pay-scale and revised pay-scale of the petitioner was computed respectively from 6/2/2004 i.e. from his date of appointment, as the exemption was granted by the respondent no.1 from his date of appointment. Thereafter, the respondent no.4 received a communication from the respondent no.3 mentioning that the fixation of pay from 6/2/2004 is incorrect and the same is quashed by giving a reference of one Mr. B.S. Gedam and directed to fix the pay from 21/8/2009 that is from the date of exemption and not from the date of appointment and also directed for recovery of excess salary. Being aggrieved by said communication, the petitioner has filed this petition.