DR. R.C. NAYAK Vs. THE NAGALAND UNIVERSITY

JUDGEMENT

(1.) AND ORDER (CAV) - Heard Mr. Imti Longjem, learned counsel for the petitioner as well as Mr. C.T. Jamir, learned senior counsel assisted by Mr. N. Longkumer, learned counsel for the respondent Nos. 1 to 3/Nagaland University.

(2.) Mr. Imti Longjem, learned counsel for the petitioner submits that the petitioner has a Master degree with specialization in Soil and Water Conservation Engineering from the Indian Institute of Technology Kharagpur, West Bengal. The petitioner acquired his Ph.D in engineering on 12/6/1997. After being successful in the selection process, the petitioner was appointed as Lecturer on 12/11/1987 in the Water and Land Management Institute, Odisha (WALMI, in short) at Pratapnagiri in the State of Odisha. While he was serving as such, the petitioner was selected through a direct recruitment/open selection process for the post of Reader in the said institution. The petitioner joined to the post of Reader at WALMI on 28/2/1992. Thereafter, pursuant to an advertisement, the petitioner applied for the post of Reader under Nagaland University (NU, in short). On being successful, in the selection process, the petitioner was appointed as Reader under the department of Soil Conservation in Nagaland University by an order dated 12/10/2000. The petitioner joined the said post on 11/12/2000 and was on probation for a period of one year. The petitioner was posted at the School of Agricultural Sciences and Rural Development (SASARD in short.) Nagaland University at Medziphema, Dimapur district. After completion of his probation period, the petitioner applied for promotion to the post of Professor under the Career Advancement Scheme (CAS, in short) along with required/research papers. In the meantime, the petitioner was also given two advance increments for obtaining Ph.D Degree w.e.f.11/12/2000 by an order dated 26/3/2002. The petitioner's application for Professorship was also forwarded to the Vice Chancellor Nagaland University/respondent No.2 by the Dean of SASARD by forwarding letter dated 3/4/2002. By an order dated 17/5/2004, the Nagaland University fixed the pay of the petitioner as drawn by him as Reader in his previous institute i.e. WALMI. The pay of the petitioner was fixed at the stage of Rs. 16200+420 (P.P) p.m w.e.f.11/12/2000 in the scale of Rs. 12000-18300 p.m with D.N.I. on 1/2/2001.

(3.) It is submitted that the earlier application made by the petitioner for Professorship under the CAS was misplaced by the NU and therefore, the petitioner made another application along with required documents. The said application was forwarded to the respondent No.2 by the Dean of SASARD by letter dated 20/9/2004. After following the due process, the petitioner was selected through an interview by the Selection Committee and recommended for promotion to the post of Professor under the CAS. The recommendation of the Selection Committee was placed before the Executive Council and the Executive Council in its 11th meeting held on 25/5/2005 approved the recommendation of the Selection Committee for promotion of the petitioner to the post of Professor under CAS. Thereafter, by letter dated 23/6/2006, the petitioner was offered appointment to the post of Professor in the Department of Soil Conservation , NU SASARD which was accepted by the petitioner. However, there was a delay in issuing the appointment order to the post of professor. The Selection Committee had recommended the petitioner for promotion to the post of Professor under CAS with retrospective effect. However, the University was uncertain as to whether the petitioner should be promoted to the post of Professor with effect from the date from which he completes 8 years of service as Reader or to promote him with effect from the date he completed 8 years after acquiring Ph.D. degree. Therefore, the respondent No.3 by letter dated 19/7/2005 sought clarification in the matter from the University Grants Commission (UGC, in short) wherein it is stated that the petitioner was appointed as Reader in the WALMI w.e.f.28/2/1992 however, he acquired Ph.D on 21/6/1997. It is further stated that as per the UGC guidelines, Ph.D is a requisite qualification for the post of Reader and that the petitioner was appointed as Reader in NU w.e.f.11/12/2000. It was also stated in the said letter that on the application made by the petitioner for promotion to the post of Professor under CAS, the selection Committee recommended the petitioner for appointment to the post of Professor under CAS with retrospective effect. In that view of the matter, the respondent No.2 sought clarification from the UGC as to whether the 8 years service rendered by the petitioner in the post of reader will be computed with effect from the date he was appointed as Reader by WALMI or from the date he fulfilled the mandatory requirements to hold the post of Readership as enforced by the UGC.