M.A.SHAH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner claims that he joined the National Institute of Technology, Hazratbal Srinagar (hereinafter for short 'NIT') on 20.04.2000 as Assistant Professor on temporary basis. On completion of three years' service, the petitioner was placed on probation for one year w.e.f 20.04.2003 in terms of Order No.200 of 2003 dated 01.11.2003 issued by the Registrar of the NIT. The petitioner claims that he became eligible for promotion/upgradation to the post of Sr. Scale Lecturer w.e.f 01.07.2004, i.e, on completion of three years' experience as Lecturer/Assistant Professor in AGP Rs.6,000/-. He also became entitled to promotion to the post of Associate Professor w.e.f 01.07.2009 under 5th Central Pay Commission Career Advancement Scheme (5th CPC-CAS). The grievance of the petitioner is that respondents have granted similar treatment to the juniors of the petitioner but have denied the same to him without assigning any cogent reason.

(2.) Petitioner submitted that he during the course of his employment with the respondents had remained abroad w.e.f 05.09.2007 to 02.07.2008 without seeking any formal permission from the competent authority. The petitioner, as is admitted by both the parties, remained unauthorizedly absent from the duty once again from 07.03.2009 to 01.10.2011. The respondents, however condoned the unauthorized absence of the petitioner and permitted him to join. However, the period of absence of the petitioner was treated as leave without pay. Interestingly, the respondents even released the annual increments in favour of the petitioner for the above said period of absence. The petitioner's case was thereafter placed before the Board of Governors for his upgradation as Sr. Scale Assistant Professor and Associate Professor w.e.f.01.07.2004 to 01.07.2009 respectively. The petitioner submits that two interviews of the petitioner were conducted, one on 30.08.2013 for Sr.Scale Assistant Professor and another on 31.08.2013 for Associate Professor but the respondents vide Order No.197 of 2013 dated 18.09.2013 granted financial upgradation to the Sr. Scale Lecturer to Assistant Professor w.e.f 01.07.2008 instead of 01.07.2004, which, as per the petitioner, was in violation of the 5th CPC CAS rules.

(3.) The petitioner feeling aggrieved, approached the Central Administrative Tribunal Chandigarh (CAT) by filing O.A No.062/00020/2015 and the same was disposed of on 16.12.2015, directing the respondents to consider the pending representation of the petitioner for his financial upgradation of the Sr. pay scale w.e.f 01.07.2004. It is stated by the petitioner that in compliance to the directions of the CAT, respondent no.2 constituted a Faculty's Grievance Committee consisting of five members to discuss the grievance of the petitioner and the Committee held different meetings on various dates. In its meeting held on 30.06.2016, the Grievance Committee recommended the promotion of the petitioner to the post of Sr.Scale Assistant Professor w.e.f 01.07.2004 and Associate Professor w.e.f 01.07.2009. It is stated that the decision taken by the Faculty's Grievance Committee has been kept in a sealed cover and has not been opened. The petitioner asserts that till the decision on the fate of the petitioner in light of the recommendations of the Committee is taken, respondents cannot be permitted to fill up the post of Assistant Professor and Association Professor and Professor in the department of Physics in National Institute of Technology in the faculty of Nano Science as has been sought to be done vide Advertisement Notification No.NIT/PD/2018/364 dated 19.01.2018.