- (1.) The questions that arise for consideration in this petition are whether the past uninterrupted service of the petitioner from 10.1.1981 to 2.2.1987 added by the University under G.O. dated 30.6.1992, in his length of service by order of the Vice-Chancellor dated 3.1.1995 could be reopened directly or indirectly? Whether the petitioner became eligible for promotion as Reader under the Career Advancement Scheme on 3.2.1995 and he is entitled to be promoted as Reader from the date when other lecturers were promoted as all of them were recommended for promotion on 8.3.1999 by the same selection committee or from some other date? Whether the resolution dated 27.3.1999 of the Executive Council of the University that the benefit of earlier services enumerated in the G.O. dated 30.6.1992 would not be admissible prior to completion of probation is in accordance with law and can be applied to petitioner?
(2.) The facts as disclosed in the petition are brief. But to decide the dispute raised by the petitioner we sent for the records which were produced by the learned council for the University. Some of the facts that are material in the order have been taken from the records and the report filed by the University as Annexure-1 to the counter affidavit. The petitioner a first division M.Sc. after completing Ph.D. was appointed, on 2.1.1981 after regular selection as temporary lecturer in Botany, in the regular pay scale of lecturer in Sri Jai Narain Degree College, ,Lucknow, where he worked continuously from 10.1.1981 to 30.4.1982. Thereafter, he was selected and appointed as Research Associate under the Director, Department of Plant Pathology, Central Institute of Medicinal and Aromatic Plants, which is a Scientific/Research Organisation under the Council of Scientific and Industrial Research (CSIR). He worked as such from 1.5.1982 to 2.2.1987. The post of Research Associate held by the petitioner was equivalent to Scientist-B in the pay scale of lecturer. The petitioner was selected by regular selection committee and recommended for appointment on 18.4.1986 as temporary lecturer in Botany Department, University of Allahabad (in brief the University) which was approved by the Chancellor on 28.1.1987. He was appointed on 30.1.1987 and he joined on 2.2.1987. He was granted substantive appointment as lecturer w.e.f. 2.2.1988 under Section 31(3)(b) of the U.P. State Universities Act, 1973 (in brief the Act) and was confirmed after completion of probation with effect from 2.2.1989.
(3.) In 1992 the State Government issued a G.O. on 3(3.6.1992 on the subject of granting selection grade/senior scale to the lecturers of universities and degree colleges under Career Advancement Scheme. It provided that benefit of past services by a lecturer could be given for purposes of senior scale, provided that such lecturers had worked continuously and uninterruptedly and satisfied conditions mentioned in the order. The petitioner on 18.3.1993 made a representation to the Vice-Chancellor that he having satisfied the conditions of the Government Order was entitled for placement in senior scale. This was accepted by the Vice-Chancellor on 3.1.1995 and he was placed in senior scale after getting his claim processed by the selection committee and screening committee.;