VIKAS CHAUDHARY Vs. NATIONAL INSTITUTE OF TECHNOLOGY

JUDGEMENT

(1.) Prays for issuance of a writ of in the nature of certiorari quashing the letter dated 02.04.2009 (P13) and 04.05.2009(P15) vide which, the request of the petitioner for counting of past service for grant of senior scale and selection grade has been declined.

(2.) The petitioner was appointed as Lecturer in Commerce in Manohar Memorial College, Fatehabad (MM College) vide letter dated 07.12.1990 (P2). He was appointed as Lecturer on a permanent post on the recommendation of a duly constituted selection committee as per procedure laid down by the Kurukshetra University, Kurukshetra and the Government of Haryana. The petitioner was M.Com (First Class) with M.Phil which were the qualifications prescribed by the University Grants Commissioner and the Kurukshetra University for appointment as Lecturer at that time. The post of Lecturer of Commerce upon which the petitioner was appointed, carried a pay scale of Rs. 2200-4000, as prescribed by the UGC. The petitioner remained on probation for a period of one year and was confirmed as Lecturer thereafter. The petitioner was later on selected as Lecture in Humanities in the respondent Institute, earlier known as Regional Engineering College, Kurukshetra. It was a regular selection on the recommendation of a duly constituted selection committee as per the procedure laid down for which the petitioner had applied through proper channel. Thereafter, the petitioner resigned as Lecturer of Commerce in MM College. His resignation was accepted by the Principal Vide letter dated 20.03.1997 (P3) and he was relieved of his duties as lecturer in commerce on the same day. The petitioner's Provident Fund from his former employer (MM College) was officially transferred to the respondent-Institute vide draft dated 02.05.1998. After acceptance of resignation, the petitioner joined as lecturer in Humanities in the respondent Institute. The petitioner's pay and date of increment were protected by giving him benefit of the past service rendered in MM College, Fatehabad as Lecturer vide order dated 30.04.1997 (P4). Accordingly, his pay was fixed at Rs. 2650/- per month in the pay scale of Rs. 2200-4000. The respondents issued Career Advancement Scheme (CAS) P5 for promotion of lecturer to senior scale and selection grade on fulfilment of the laid down conditions and counting of past service, which was made applicable w.e.f. 27.07.1998. The petitioner was duly found entitled to grant of senior scale and the same was notified vide office order dated 29.10.2004 (P7). The petitioner was, however, not given the benefit of past service which made him eligible for grant of senior scale w.e.f. 27.07.1998 on completion of five years service as lecturer with M.Phil. On attaining the requisite experience and fulfilling all other qualifications/conditions, the petitioner applied for being placed in the scale of Lecture (selection grade) under the Career Advancement Scheme. The petitioner was selected by the Selection Committee for being placed in lecturer (selection grade) of Rs. 12000-18300 vide office order dated 24.01.2008 (P11). Vide this order, once again the petitioner was placed in the lecturer (selection grade) without granting him the benefit of past service rendered in MM College, which made him eligible for grant of selection grade w.e.f. 27.07.2003 on completion of five years service as lecturer (senior scale).

(3.) The University Grants Commissioner vide letter dated 27.11.1990 (P6) revised the guidelines for counting past service of lecturers for the purpose of grant of senior scale and selection grade under the Career Advancement Scheme. The petitioner, who had obtained M.Phil in Commerce in the year 1990, became eligible for placement in the senior scale as lecturer w.e.f. 27.07.1998 on counting of the service (from 07.12.1990 to 20.03.1997) rendered by him as lecturer in commerce in MM College Fatehabad. The respondent Institute however, did not do so. The petitioner, who fulfils all the conditions for grant of senior scale as per the Scheme dated 30.01.2004 (P5) appeared for interview for placement in the senior scale. The petitioner, accordingly, represented the Director vide representation dated 16.12.2008 (P12) to grant him past service benefit for grant of senior scale and selection grade. However, his aforesaid prayer was declined vide letter dated 02.04.2009 (P13) only on the ground that the petitioner did not apply for the appointment as lecturer in the respondent institute through proper channel. His second representation was also declined vide letter dated 04.05.2009 (P15).