B.P. Jeevan Reddy, J. - (1.) This civil appeal is preferred against the judgment and order of a Division Bench of the Allahabad High Court allowing the writ petition filed by the respondent Dr. Indra Pratap Singh.
(2.) The respondent was appointed as a lecturer by the appellant-University, on temporary basis, on 26-8-1974 in the department of Basic Principles in the Institute of Medical Sciences. His appointment was effective for a period of eleven months. At the end of eleven months, he was reappointed on the same basis for a further period of eleven months. By means of such appointments, he was continned up to 31-3-1980. There was no reappointment thereafter. On 21-7-1980, the respondent was appointed as a Reader in Sri Ayurved College of the Nagpur University. He worked there till 20-9-1982. On 22-9-1982, he was appointed as a lecturer in the appellant-University in the very same department, on a permanent basis. On this occasion, his salary was fixed giving him as many as fourteen increments so as to protect his last drawn pay at Nagpur.
(3.) Banaras Hindu University is a central University. It is entirely founded by the University Grants Commission (U.G.C.). The U.G.C. had evolved a scheme called 'Merit Promotion Scheme' with a view to provide an incentive to teachers, to prevent stagnation and also to improve their efficiency. One of the conditions which a lecturer must satisfy before he becomes entitled to promotion is eight years'continuous service. Cl. (a) of para 2 of the Scheme which provides for the said qualification reads thus: "2(a). Teacher in the University departments engaged in advance teaching and research and whose contribution and achievements are such as to merit recognition must be considered for merit promotion in the first instance after completing eight years of continuous service in their respective cadre, of which at least four years should be in the institution where he/she is being considered for such assessment and merit promotion." ;