- (1.) Respondent No.1 herein was earlier working as Lecturer in Commerce in Manohar Memorial College, Fatehabad, where he was appointed on 07.12.1990. While working in the said college, respondent No.1 applied for permanent post of Lecturer in Regional Engineer College, Kurukshetra which was under the Kurukshetra University, Kurukshetra and is now deemed University known as National Institute of Technology, Kurukshetra (appellant herein).
(2.) The qualifications of respondent No.1 are M.Com (First Class) with M.Phil. Respondent No.1 was selected and appointed as Lecturer in Humanities in the said college. After successfully completing the probation period, he was confirmed to this post as well.
(3.) Respondent No.1 wanted the benefit of A.C.P. Scheme of the appellant as per which he could get higher scale on completion of five years of service. On completing this five years service, respondent No.1 was also entitled to count the service rendered by him in Manohar Memorial College, Fatehabad subject to certain conditions stipulated therein. One of the conditions is that when the respondent applied in Kurukshetra University, Kurukshetra, he should have made an application for appointment through proper channel. The benefit of the service rendered in Manohar Memorial College, Fatehabad was not given to respondent No.1 on the ground that his application was not through proper channel. Against this action of the appellant, respondent No.1 filed a writ petition which has been allowed by the learned Single Judge vide impugned judgment taking a view on the basis of the documents produced on record that respondent No.1 had applied for the post through proper channel and even produced not only the original certificate of experience from his previous employer but even No Objection Certificate. Thus allowing the writ petition of respondent No.1, the learned Single Judge has held that the service rendered by respondent No.1 in Manohar Memorial College is to be counted for grant of benefit of ACP. Against this order, the present appeal is preferred.;