M. DEOUSKAR Vs. HARI SINGH GAUR VISHWA VIDYALAYA

JUDGEMENT

(1.) THE question involved in the writ petition is whether petitioner's services can be ordered to be regularised with effect from 17 -8 -1971 and whether petitioner is entitled to count his service for the retiral benefits which he rendered on ad hoc basis and whether he is entitled for seniority for the period. The question is also whether the petitioner is entitled for increments with effect from 17 -8 -1971 till he was selected in 1998.

(2.) THE petitioner was appointed as a Lecturer on stop gap basis in leave vacancy in respondent No. 1/ Dr. Hari Singh Gaur University. University of Sagar was established under the University of Sagar Act, 1946 (Act No. 16 of 1946). After coming into force of M. P. Vishwa Vidyalaya Adhiniyam, 1973 (Act No. 22 of 73), the previous Act was repealed and respondent No. 1 Dr. Hari Singh Gaur Vishwavidyalaya, Sagar is deemed to be University established under the Act of 1973.

(3.) RESPONDENT No. 1 in the return contends that the appointment was purely stop -gap temporary appointment as Lecturer on a consolidated pay of Rs. 297/ - per month. He was not selected by the selection committee nor came in through an application pursuant to the advertisement. It was a case of back door entry. There is no provision under the Statute 31 framed under section 49 of M. P. Vishwavidyalaya Adhiniyam for such appointment. Thus, his services cannot be regularized. However, the respondents also point out that petitioner participated in the selection process in the year 1983 but could not be selected. However, since post was vacant, his services were continued. Further the advertisement was issued in 1987 and 89, but selection committee did not meet. There was vacant post which could not be filled owing to the fact that the procedure was not completed.