LAWS(RAJ)-2005-8-101

AMITABH SHARMA Vs. STATE OF RAJASTHAN & ANR.

Decided On August 18, 2005
AMITABH SHARMA Appellant
V/S
State Of Rajasthan And Anr. Respondents

JUDGEMENT

(1.) The main grievance of the petitioner in this writ petition is that after being appointed on urgent temporary basis as a Reader in the department of Electronics instrumentation and control and selected in open competition on the recommendation of the Committee, the revised pay scale granted to the petitioner lateron withdrawn and he was considered for the pay scale of Reader only from the date of his regular selection.

(2.) Contextual facts depict that the petitioner was initially appointed as Lecturer (Electronics Engineer) in Engineering College Kota vide order dated Oct. 31, 1984 and was confirmed with effect from Dec. 10, 1986. The petitioner was granted senior scale under the Career Advancement Scheme of All India Council of Technical Education (AICTE) with effect from Jan. 22, 1992. Since the post of Reader being the selection post was to be filled in open selection, advertisements were published on July 12, 1993 and Sept. 13, 1994. Pursuant to the advertisements the petitioner applied but the Principal, Engineering College (respondent No. 2) did not initiate recruitment process and petitioner was deprived of his regular selection insptie of being eligible in all respect. Thereafter in exercise of power under Rule 22 of the rules of Engineering College Society Kota (for short 'Rules') the Principal of Engineering College (Respondent No. 2) appointed the petitioner as Reader in Electronics Instrumentation and Control on urgent temporary basis vide order dated Nov. 16, 1994 for a period of one year and this period was further extended till Nov. 18, 1996 vide order dated Nov. 6, 1995.

(3.) On May 20, 1995 advertisement was issued for the post of Reader. The petitioner submitted application and was considered for the post of Reader in Electronics and Communication and on the basis of recommendation of Selection Committee, he was appointed on the said post vide order dated Aug. 16, 1996. On completion of probation period the petitioner was confirmed on the said post with effect from Aug. 17, 1997.