- (1.) Leave granted.
(2.) Challenge in these appeals is to the judgment rendered by a Division Bench of the Rajasthan High Court at Jodhpur, partly allowing the Civil Special Appeal filed by the present Vice Chancellor, Mohan Lal Sukhadia University (in short the 'Union') and others questioning correctness of the order passed by the learned Single Judge. By the order which was impugned before the Division Bench, the learned Single Judge held that order dated 25.4.2003 passed by the University was not sustainable and both the Vice Chancellor and the University were directed to take back the present appellant in service as Legal Assistant with all consequential benefits. The Single Judge directed the University and the Vice Chancellor to absorb the present appellant on a regular post from the date when the vacancy arose pursuant to the order of this Court dated 16.9.1992.
(3.) Background facts in a nutshell are as follows: Appellant acquired L.L.M Degree in the year 1977. The Udaipur University, re-christened as Mohan Lal Sukhadia University, appointed him as Assistant Professor of Law in its College of Law, Udaipur on ad hoc basis in the regular pay scale of Assistant Professor. The post also entitled the appellant to regular annual grade increments, which were consequently given during the course of his service in his capacity as assistant Professor. Later, in the year 1983 the appellant was interviewed for the purposes of selection to the post of Assistant Professor on regular basis. He, however, was not selected and as a result whereof, his services were not continued after 31.5.1983. Thus, he worked as Assistant Professor from 14.11.1977 until 31.5.1983 in the regular pay scale of Assistant Professor on ad hoc basis in the college of Law, Udaipur University. After a gap of about nine months, he was again appointed in the University on 23.2.1984 against the post of Legal Assistant but the appointment was liable to be terminated without notice. Subsequently, the post of Legal Assistant was re-designated as Legal Associate by the order of the University dated 19.9.1987. As Legal Assistant/Legal Associate, appellant was paid a consolidated salary of Rs.1, 200/- per month. By the order dated 19.6.1987 the consolidated salary was enhanced to Rs.1, 620/- per month. On 3.3.1990, the University terminated the services of the appellant with effect from 14.11.1988 on account of the absence of the appellant from duty. The absence was occasioned by the fact of his having proceeded for undertaking Ph.D work at University of Delhi.;