Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the Division Bench of the High Court of Kerala at Ernakulam in Writ Appeal No 1355 of 2019 by which the Division Bench of the High Court has dismissed the said writ appeal preferred by the appellant and has confirmed the judgment and order passed by the learned Single Judge passed in Writ Petition
Also Read: https://newslaw.in/supreme-court/quashing-of-high-court-judgment-on-land-acquisition-proceedings/
No 13265 of 2018 directing the appellant University to pass appropriate orders counting the past service of the respondent, who was working as Assistant Professor in the School of Behavioural Sciences under the University, for the purposes of computing the benefits due to her in accordance with the Career Advancement Scheme (hereinafter referred to as “CAS”) under the UGC Regulations, the University has preferred the present appeal.
That thereafter she was appointed as Assistant Professor in Nursing for the period between 06.02.2001 and 11.10.2004 as Associate Professor in Nursing between 04.10.2004 and 11.04.2005 and as Professor in Nursing between 12.04.2005 and 20.01.2011. The reason stated for revocation of the earlier Syndicate decision and the denial of the benefits of CAS to the respondent was that her initial appointment as Lecturer in the School of Medical Education was not to a post that was duly sanctioned in terms of the Mahatma Gandhi University Statutes.
Therefore, it is submitted that as initially, the appointment of the respondent as a Lecturer was on temporary post and was not made after following due procedure as required under the Mahatma Gandhi University Statutes, 1997, respondent shall not be entitled to past services rendered for CAS benefits.
Also Read: https://newslaw.in/supreme-court/final-decision-and-disclosure-in-collegium-meetings/
It is submitted that thereafter by order dated 03.02.2001 on the approval of the Director, School of Medical Education, respondent – original writ petitioner was appointed as Assistant Professor w.e.f.
That thereafter, she was appointed as Assistant Professor and thereafter as Associate Professor continuously in the regular pay- scale.
Previous regular service, whether national or international as Assistant Professor, Associate Professor or Professor or equivalent in a University, College, National Laboratories or other scientific/professional Organizations such as the CSIR, ICAR, DRDO, UGC, ICSSR, ICHR, ICMR, DBT, etc., should be counted for direct recruitment and promotion under CAS of a teacher as Assistant Professor, Associate Professor, Professor or any other nomenclature these posts are described as per Appendix III-Table No II provided that: (a) (d) The concerned Assistant Professor, Associate Professor and Professor should possess the same minimum qualifications as prescribed by the UGC for appointment to the post of Assistant Professor, Associate Professor and Professor, as the case may be.
As per clause 10.1(f), the previous appointment as ad hoc or temporary service of more than one year duration can be counted provided that : (i) the period of service was of more than one year duration; (ii) the incumbent was appointed on the recommendation of duly constituted Selection Committee; and (iii) the incumbent was selected to the permanent post in continuation to the ad hoc or temporary service, without any break.
Case Title: THE MAHATMA GANDHI UNIVERSITY Vs. RINCYMOL MATHEW (2022 INSC 1197)
Case Number: C.A. No.-008031-008031 / 2022
