CHANCHAL SINGH Vs. PUNJABI UNIVERSITY, PATIALA

JUDGEMENT

(1.) This petition has been filed for issue of an mandamus to the respondent No. I to give effect to a statute 6(iv) framed by the respondent No. I and to make selection under the Merit Promotion Scheme ignoring the amendment made by the University vide order Annexure P-2.

(2.) The petitioner joined service of the respondent No. 1 as a Research Assistant on 23.7.1971. His post was redesignated as Lecturer w.e.f. 1.1.1973 in the pay scale of Rs. 700-1600. As on 1.1.1983, the petitioner completed ten years of service as Lecturer. As on 1.1.1984, the completed 11 years of service as Lecturer and as on 1.1.1985 he completed 12 years of service as Lecturer. Respondent No. 2 joined service of respondent - University on 11.5.1974 as Research Assistant. He was subsequently redesignated as Lecturer. At the time of entry in the service, the respondent No. 2 was Ph D. in Anthropological Linguistics.

(3.) The respondent-University considered the case of respondent No. 2 for promotion to the post Reader w.e.f. 1.1.1983 in accordance with Merit Promotion Scheme (Annexure P-1) but the respondent No. 2 was not found suitable for grant of promotion under the said scheme. At that time, the candidature of the petitioner had not been considered because he did not complete 12 years of service as Lecturer as on 1.1.1983. As per the existing statute, the respondent No. 2 was not entitled to offer himself for assessment for a period of two years from the date of previous assessment but it appears that after the amendment made in the statute by the Syndicate of the University in the year 1984, respondent No. 2 again applied for consideration of his case in view of the amended provision. The selection committee which met on 21.11.1984 reconsidered the case of respondent No. 2 and recontmended his promotion w.e.f. 1.1.1984. Another amendment was made in Annexure P-1 vide resolution (Aunexure P-5) whereby service rendered as teachers in any college/institute recognised by the University before joining the University and their teaching experience of post-graduate/under-graduate classes could be counted for the purpose of determination of eligibility for promotion.