ALKA SHARMA Vs. RAJINDER MISHRA

JUDGEMENT

(1.) Both these Letters Patent Appeals have been directed against the judgment dtd. 29/10/2021 delivered by the learned Single Judge in SWP No.1447/2017, whereby the learned Single Judge while quashing the communication dtd. 6/3/2017 issued by the University Grants Commission to the Assistant Registrar (Adm. TE/W), University of Jammu and the consequential orders/communications of the University of Jammu dtd. 14/3/2017 and 30/5/2017, has held that the University of Jammu has wrongly rejected the claim of writ petitioner-Dr. Rajindra Mishra for his promotion with retrospective effect from 4/8/2009. Consequently, the University of Jammu was directed to consider the claim of the writ petitioner-Dr. Rajindra Mishra for grant of promotion to the post of Professor under the Career Advancement Scheme (for short, CAS) with effect from 4/8/2009 afresh thereby putting him at the relevant place in the seniority list after putting notice to the effected candidates, who have already been promoted under the CAS in the intervening period.

(2.) Since common question of facts and law are involved in the case and both the appeals have been preferred against the same judgment of learned Single Judge, as such both the appeals are being decided by this common judgment.

(3.) The facts-in-brief, as gathered from the file, are that vide letter of appointment dtd. 17/6/1992 issued by the Selection Committee of University of Jammu, the writ petitioner was initially appointed as a Lecturer, Management Studies. He was promoted as a Senior Lecturer under Career Advancement Scheme on 19/12/2000 and, as a Reader, on 4/9/2004.