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2005 DIGILAW 2330 (RAJ)

Rita Mehra v. State of Rajasthan

2005-09-01

SHIV KUMAR SHARMA

body2005
Judgment Shiv Kumar Sharma, J.-The prayer of the petitioner in the instant writ petition is as under:- (i) The Honble Court may kindly be pleased to call the entire record of the case and after examining the same the petitioner be declared to be eligible for the post of Reader under Career Advancement Scheme, 2000 and the Respondents No.1 and 2 be directed to consider the candidature for the post of Reader and if she is found suitable, she may be promoted from the date the Respondents No. 3 and 4 were promoted with all consequential benefits. (ii) by further appropriate writ, order or direction, in the alternative, the Respondents No. 1 and 2 may be directed to consider the candidature of the petitioner as well as of the respondents No. 3 and 4 for promotion to the post of Lecturer (Senior Scale) under Career Advancement Scheme 1997 in terms of Order 384-B and further consider them for promotion to the post of Reader under Career Advancement Scheme 2000 and promote them with all consequential benefits. (iii) byfurther appropriate writ, order or direction, in the alternative, the promotions made in favour of the Respondents No. 3 and 4 vide order dated 211.2001 may kindly be quashed and set aside. (iv) if any prejudicial order to the interest of the petitioner is passed during the pendency of the writ petition, the same may kindly be taken on record and be pleased to quash and set aside. 2. Contextual facts depict that petitioner after passing Post Graduation in Chemistry in the year, 1987 did her Ph.D. in the year, 1992. In pursuance to the advertisement after due process, she was appointed on temporary basis as Lecturer, in Government Collage, Ajmer vide order dated November 3, 1987. At the end of Session, fresh appointment was given to her from August 31, 1989 and worked upto April 18, 1994. Under the Rajasthan Education Collegiate Service Rules, 1986 the post of Lecturer is to be filled through Rajasthan Public Service Commission, but during the period between 1987 to 1994 no selection took place by RPSC. The post of Assistant Professor was advertised by MDS University Ajmer and the petitioner applied for the same. The petitioner was appointed as Assistant Professor (Applied Chemistry) vide order dated April 16, 1994, and the petitioner joined on April 19, 1994. The post of Assistant Professor was advertised by MDS University Ajmer and the petitioner applied for the same. The petitioner was appointed as Assistant Professor (Applied Chemistry) vide order dated April 16, 1994, and the petitioner joined on April 19, 1994. Vide notification dated October 21, 1997 the Ordinance 384-B made effective w.e.f., August 27, 1987 for grant of senior/selection grade under Career Advancement Scheme for Assistant Professors. Pursuant to the letter dated November 29, 1997 the petitioner filled up the proforma for grant of Senior Scale and submitted the same on December 1, 1997, but the matter was kept pending. University Grants Commission notified a further scheme in March, 2000 namely “University Grants Commission (Minimum qualifications required for the appointment and career advancement of teachers in the Universities and Institutions affiliated to it) Regulation, 2000 (for short “2000 Regulation”), according to which the Lecturers are to be considered for placement in Senior Scale and Lecturer (Senior Scale) are to be considered for promotion to the post of Reader or Lecturer (Selection Scale). The petitioner submitted proforma and submitted the application dated May 9, 2001 claiming that she was entitled earlier Career Advancement Scheme for Lecturer (Senior Scale) from August 31, 1994 and under the provisions of 2000 Regulation she is eligible for the post of Reader as she fulfills all conditions including experience and qualification and Research Publication. But leaving the petitioner, the Respondents No. 3 and 4 who joined the University subsequent to the petitioner and all the three were similar, were called for the post of Reader whereas the petitioner was called for the post of Lecturer (Senior Scale). She immediately submitted representation claiming Senior Scale from August, 1994 and under the 2000 Regulation she is entitled for the post of Reader. But without considering the representation of the petitioner the respondents held the interview and promoted Respondents No. 3 and 4 as Reader vide order dated November 24, 2001 while the petitioner has been promoted in Senior Scale only. The petitioner is senior in all respect to both Respondents No. 3 and 4. Hence, the instant writ petition. 3. The respondent filed reply to the writ petition and submitted that she was temporary lecturer in Government College. The experience certificates cannot be conclusive proof of her service. The petitioner is senior in all respect to both Respondents No. 3 and 4. Hence, the instant writ petition. 3. The respondent filed reply to the writ petition and submitted that she was temporary lecturer in Government College. The experience certificates cannot be conclusive proof of her service. The petitioner concealed the fact that she had filed Writ Petition No. 3053/1989 before High Court at Jodhpur vide interim order she was reinstated and restored back to the earlier position and vide order dated August 20, 1989 (D.B. Civil Writ Petition No. 1908/1989) the petitioner was to continue till regularly recruited candidates from RPSC become available. According to the provisions of Career Advancement Scheme only the regular service is to be counted for the purpose of the Scheme. The selection of the petitioner was not regular. The petitioner was called to fill up proforma for the benefit of Ordinance 384-B pursuant to the notification dated October 21, 1997 under the impression that she regular selected candidates but because her appointment was temporary she was not entitled for the said benefits. The implementation of the Career Advancement Scheme was stopped by the Government vide letter dated May 22, 2000. The petitioner was not appointed regularly till April 18, 1994, accordingly she has been given the benefit of Senior Scale from May 19, 2001. The Respondents No. 3 and 4 were found suitable according to provisions of 2.8 O. of 2000 Regulation. 4. I have heard the rival submissions and scanned the material on record as well as the case law cited in support of contention. 5. A bare look at Explanation (c) appended to Rule (2) of the Rules for implementing Career Advancement Scheme goes to show that for the purpose of Career Advancement the service rendered by ad hoc or temporary appointee as Lecturer/Research Associate immediately before regular selection in the University shall also be included. Undeniably the petitioner was selected as Lecturer in Government College, Ajmer on November 3, 1987. The regular appointment was given to her only in the year 1994 from April 19, 1994. Two similarly situated persons viz Dr. Bharti Jain and Dr. Raju Ratnani who had been granted Selection Scale vide order dated November 24, 2001 were given the benefits of their earlier period of service rendered on ad hoc basis. The regular appointment was given to her only in the year 1994 from April 19, 1994. Two similarly situated persons viz Dr. Bharti Jain and Dr. Raju Ratnani who had been granted Selection Scale vide order dated November 24, 2001 were given the benefits of their earlier period of service rendered on ad hoc basis. It also appears that the petitioner is facing the actions of the respondents from 1989 when she was compelled to file writ petition and only in compliance of the interim order of this Court she could continue in the service. In Uma Sharma vs. Kota Open University( SBCWP No. 4654/2002 decided on July14, 2004,) this Court observed that service rendered by an employee on ad hoc basis shall be treated as qualifying service. In my opinion the petitioner is entitled to the relief as sought for by her in the writ petition. 6. For these reasons, I allow the writ petition and declare the petitioner to be eligible for the post of Reader under Career Advancement Scheme 2000. The Respondents No. 1 and 2 are directed to consider the candidature of the petitioner as well as of the Respondents No. 3 and 4 for promotion to the post of Lecturer (Senior Scale) under Career Advancement Scheme 1997 in terms of Ordinance 384-B. The Respondents No. 1 and 2 are further directed to consider the candidature of the petitioner for promotion to the post of Reader and if she found suitable she may be promoted from the date the Respondents No. 3 and 4 were promoted with all consequential benefits. There shall be no order as to costs. The respondents shall ensure compliance of this order within sixty days from the date of receipt of copy of this order