VANITA VASHISTH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner is seeking quashing of the order dated 13.12.2013 (Annexure P-3) and order dated 12.2.2015 (Annexure P-8), whereby her claim for counting her entire service for grant of benefit of Senior/Selection Grade under Career Advancement Scheme has been declined. The petitioner was appointed as Lecturer in Economics in Manohar Memorial College, Fatehabad run by the Manohar Memorial Education Society, Fatehabad. The petitioner joined her duties on 27.7.1999. The initial appointment of the petitioner was made on temporary/ad hoc basis against a vacancy. Thereafter, the petitioner was given regular appointment in pursuance to her selection and appointment as per advertisement dated 7.4.2006. Her batch mates joined on 1.1.2007.

(2.) The appointment of the petitioner was delayed on account of dispute of her age bar. The petitioner filed CWP No. 17182 of 2006 ,which was allowed in her favour on 26.11.2007 and consequently, the petitioner was allowed to join on 19.3.2008 on regular basis. The petitioner filed another writ petition regarding claim of grant of seniority and pay fixation from the date when her batch-mates were given appointment which is still pending consideration in this Court. The petitioner is seeking benefit of her ad hoc temporary service for claiming promotion under the Career Advancement Scheme. As per Regulation 10.1 (f) of UGC Regulations/Guidelines, ad hoc/temporary service of more than one year duration can be counted for consideration of claim for promotion under Career advancement scheme subject to certain conditions. Regulation 10.1 (f) is reproduced as under:-

(3.) Keeping in view the above regulation, the petitioner made a detailed representation dated 12.7.2013 (Annexure P-2) requesting for grant of aforementioned benefit, but the same was declined vide letter dated 13.12.2013 (Anneuxre P-3). The case of the petitioner is that as per the service Certificate (Annexure P-1) issued by the Management, there were only notional breaks in the service of the petitioner and they were liable to be condoned in terms of Instructions of the Government and a judgment of this Court in the case of Dr. Chanchal Kumar Sharma vs. Management Committee, Maharaja Aggarsain College (CWP No. 20046 of 2010) decided on 16.3.2012 and another judgment in the case of Dr. Surinder Bala, Lecturer in Hindi, Dyal Singh College, Karnal CWP No.14662 of 2013 which has followed the judgment in the case of Dr. Chanchal Kumar Sharma (supra). In Dr. Chanchal Kumar Sharma's case (supra), the ad hoc service rendered by Dr. Chanchal Kumar Sharma with the respondent -College as a Lecturer from 14.11.1998 to 8.4.2001 was counted for the purpose of senior scale/selection grade. The petitioner filed CWP No. 23154 of 2014 before this court seeking appropriate direction to the respondents to grant her benefit of Senior/Selection Scale under Career Advancement Scheme by counting her entire service. The said writ petition was disposed of vide order dated 13.11.2014 (Annexure P-6) with direction to respondent no.2 that if the petitioner approaches him by moving an appropriate representation within a period of 4 weeks, he shall consider and decide the same by passing an appropriate order. In response to the order dated 13.11.2014 (Annexure P-6), the petitioner submitted her representation dated 3.12.2014 (Annexure P-7). In response to the directions of this Court in order dated 13.11.2014 (Annexure P-6), respondent no.2 passed the impugned order dated 12.2.2015 (Annexure P8), whereby claim of the petitioner was declined on the ground that the petitioner had rendered temporary service on consolidated salary and the same cannot be treated at par with Dr. Chanchal Kumar Sharma's case (supra) as the service rendered by him was in the nature of ad hoc service.