VISHNU KUMAR GUPTA Vs. UNIVERSITY OF RAJASTHAN

JUDGEMENT

(1.) THE challenge in this Special Appeal is to an order of learned Single Judge dated 18.1.2011 in Writ Petition No.3378/1997, disposing of the writ petition of the appellant directing respondent no.1 University to allow him to continue to work on the post of Assistant Engineer (AEn) for another four months from the date of order and in the meanwhile take a decision whether the post of AEn in the University is to be filled by way of direct recruitment or by way of promotion and complete the exercise of filling up the post of AEn on regular basis within four months to end the uncertainty in filling up the post. Respondent no.1 University was further directed by the impugned order of the learned Single Judge that the appellant be granted necessary financial benefit admissible to him in terms of recommendations of 5th and 6th Pay Commission of the substantive post of Junior Engineer (JEn), held immediately before his promotion on ad hoc basis on the post of AEn vide respondent university's order dated 7.5.1996.

(2.) BRIEFLY stated, the facts of the case, relevant for the purpose of disposal of this Special Appeal, are as follows:-

(3.) SUBSEQUENT thereto, respondent no.1 University, upon representation of another JEn Shri Ajay Kumar Sharma, promoted him also purely on ad hoc basis on the post of AEn. Later-on, vide Office Order dated 13.6.1997, the appellant along with his colleague Shri Ajay Kumar Sharma, who both were promoted on the post of AEn on ad hoc basis, were reverted back by respondent no.1 University to their substantive post of Overseer (JEn) with immediate effect. Both these employees of respondent no.1 University, namely the appellant herein as well as Shri Ajay Kumar Sharma, challenged their reversion by filing two separate Writ Petitions, which were both heard by learned Single Judge and the order of their reversion was upheld. As far as Shri Ajay Kumar Sharma, who was also reverted by the same order, is concerned, his reversion from the post of AEn to JEn has attained finality upto the Division Bench of this Court and is no longer res integra . However, the appellant being not satisfied with the impugned order of the learned Single Judge, has filed the present Special Appeal before us and has prayed for setting aside of the impugned order of learned Single Judge and direct respondent no.1 University to treat him as a regularly promoted AEn from 1996 itself and give him all the consequential benefits.