- (1.) DR . Rajendra Prasad Singh is before this Court questioning the validity of the order dated 30 October 2014, Annexure No. 9 to the writ petition, wherein under "Career Advancement Scheme" the date of eligibility of Dr. Shambhoo Upadhyaya has been shown as 30 June 2010 and date of eligibility of Dr. Rajendra Prasad Singh has been shown as 8 September 2010 and further prayer has been made not to interfere in the seniority that has attained finality for the last more than ten years.
(2.) BRIEF factual matrix of the case are that Mahatma Gandhi Kashi Vidyapeeth is a University as per the provisions of U.P. State Universities Act 1973. The service condition of teachers and other staff are governed by the provisions of 1973 Act as well as the First Statute of the University concerned. In the University concerned Dr. Shambhoo Upadhyaya was appointed as Lecturer on 22 November 1991 and petitioner was issued appointment letter on 8 September 1995 and both of them continued to function in the University concerned as Lecturer. For the benefit of extending the avenues of career advancement, "Career Advancement Scheme" has been framed under Government Order dated 3 May 2001 and the said scheme was to apply to the State Universities and Associated/Affiliated colleges and it was enforceable w.e.f. 27 July 1998 and all those teachers, who have become eligible for Senior Scale/Selection Grade/Reader (promotion)/Professor (promotion) under the career advancement scheme in force prior to 27 July 1998 were covered by the Government Order dated 7 January 1989 and the statute made earlier in the said regard and the Government Order dated 17 March 1990.
(3.) WITH effect from 27 July 1998 teachers were to have the opportunities of career advancement scheme (promotion) in the following manner; "With effect from 27th of July, 1998 teachers shall have the opportunities for Career Advancement Scheme (Promotion) as given hereafter: 1. A Lecturer in University or in an affiliated/associated college will be eligible for placement in Senior Scale. A Lecturer (Senior Scale) may move into the grade of the Lecturer (Selection Grade) or Reader. Minimum length of service for eligibility to move into the grade of Lecturer (Senior Scalre) would be four years for those with Ph.D. degree, five years for those with M.Phil. degree, Six years for others at the level of Lecturer and for eligibility to move into the Grade of Lecturer (Selection Grade)/Reader, the minimum length of service as Lecturer (Senior Scale) shall be uniformly five years. 2. For promotion to the posts of Reader and Professors the minimum eligibility criterion would be Ph.D. or equivalent published work. 3. Only a Reader in the University with a minimum of eight years of service in that grade will be eligible to be considered for appointment as a Professor. Readers in degree and Post Graduate colleges will not be eligible for the post of Professor under Career Advancement Scheme in the colleges. 4. In the case of University, Selection Committee for Lecturer (Selection Grade), Reader and Professor shall be constituted under clause (a) of subsection 4 of section 31 of the U.P. State Universities Act, 1973. Lecturer (Senior Scale) A Lecturer will be eligible for placement in a senior scale through the procedure of selection, if she/he has; 1. Completed 6 years of service after regular appointment with relaxation of one year for those having M.Phil. degree and relaxation of two years for those with Ph.D. degree. 2. Participated in one Orientation course and one refresher course each of three to four weeks duration or engaged in other appropriate continuing education programmes of comparable quality, as may be specified or approved by the University Grants Commission. Provided that these Lecturers who have a Ph.D. Degree would be exempted from one Refresher Course. 3. Consistently satisfactory Annual Academic Progress Report and Performance Appraisal Report as per appendix A and B. Lecturer (Selection Grade);