DEBASISH KAR GUPTA ,J. - (1.) This appeal is directed against a judgment dated February 27, 2014 passed in W.P. 3626 (W) of 2008 holding that the respondent was entitled to get the benefits as prayed for in terms of the resolution of the Executive Council Meeting dated December 16, 2010. There was further direction upon the concerned respondents to release all benefits in favour of the respondent.
(2.) The fact which was taken into consideration by the learned single Judge is stated below in a nutshell:- The respondent no.1 was engaged as Assistant Registrar In-Charge of the appellant University on ad hoc basis initially for a period of six months with effect from September 1, 2001, or the actual date of her joining on acceptance of the office order dated August 31, 2001. Her monthly honorarium was Rs.8000/- only. By virtue of an office order dated March 26, 2002 her consolidated pay was fixed at Rs.8000/- only per month. By a subsequent order dated March 27, 2002, the respondent no.1 was appointed as Assistant Registrar of the appellant University with effect from March 1, 2003 in the pay scale of Rs.8000/- to Rs.13500/- for one year on contract basis fixing her basic pay at Rs.8500/- only per month and in addition her consolidated allowance was fixed @ 40% of the basic pay plus Rs.100/- per month as Medical Allowance. 2. By a Government order dated September 14, 2005 regular posts of six (6) officers, thirty one (31) Ministerial Staff, ten (10) technical staff and fourteen (14) Group-D staff were created in order to regularise already existing incumbent of the appellant University against those posts with prospective effect. The post of Assistant Registrar was also included among other posts of officers under the appellant University.
(3.) The appellant University published an advertisement dated October 4, 2005 in the website of the University inviting applications from the eligible candidates for filling up of the post of Assistant Registrar permanently, amongst other posts. Those who were already in the services of the appellant University were directed to apply through proper channel. It was further mentioned in the above advertisement that the selection for the posts advertise might not be restricted to the applicants only. The respondent no.1 submitted her application in respect of the post of Assistant Registrar in response to the above advertisement as also participated in the selection process.;