- (1.) To decide the controversy in the present case, it would be necessary to give detailed factual matrix.
(2.) On 8th April, 1981, the petitioner was selected as a temporary Lecturer, after being interviewed by a properly constituted selection committee, in the Department of Zoology of the Panjab University, Chandigarh. The said selection was approved by the Syndicate of the University on 18th April, 1981. In pursuance of the letter of appointment dated 27th April, 1981, the petitioner had joined her duties on 28th April, 1981. In the approval granted by the Syndicate on 18th April, 1981, it was mentioned that the petitioner was to report for duty on 1st July, 1981. However, in the later meeting of the Syndicate held on 16th May, 1981, the approval regarding the appointment of the petitioner was given w.ei. 28th April, 1981 (i.e. the date she had given) instead of 1st July, 1981. The petitioner continued to work as such and as she was also given increment in her pay w.ei. 1st April, 1982. On 25th June, 1982, the Chairman of the Department of Zoology wrote a letter to the Vice Chancellor, which reads as under :- DEPARTMENT OF ZOOLOGY PANJAB UNIVERSITY CHANDIGARH. No. 1155/Z/82 Dated 25.6.1982 Dr. (Mrs.) Paramjit Tewari and Dr. P. K. Mittal are working as temporary lecturers in this Department against leave vacancies of the following persons:- 1. Dr. Sudarshan Chaudhary, Lecturer 2. Dr. R. C. Sobti, Lecturer Dr. Sudarshan Chaudhary has written to me that he will be resuming his duty in this department on 25.6.1982. One of the temporary Lecturer will, thus be relieved as soon as Dr. Chaudhary joins the Department. At that moment, the following vacancies of lecturers exist in the Department:- 1. Lecturer in Zoology-I (Vacancy caused by the Promotion of Dr. M. Handa as Reader). 2. Lecturer in Zoology-I (Leave vacancy of Dr. S.K. Taneja) 3. Lecturer in Zoology-I (Leave vacancy of Dr. R. C. Sobti) I therefore, recommend that Dr. (Mrs.) Paramjit Tewari and Dr. P. K. Mittal may be allowed to continue to work as temporary lecturers against the three vacancies enumerated above in the Department. Sd/-(S.Khera) Chairman Department of Zoology P. U. Chandigarh."
(3.) The senate of the respondent-University which is the appointing authority of a lecturer vide Resolution dated 19th December, 1982, approved the extension of appointment of the petitioner for one year or till the selection was made against the two vacant posts of lecturers lying in the Department. The next increment had been given to the petitioner w.ei. 1st April, 1983. The Chairman of the Department of Zoology was informed by the Vice Chancellor vide his letter dated 14th July, 1983 that the term of the petitioner's appointment had been extended for a period of three months more w.e.f. 1st June, 1983. It may be observed here that though there was no specific order for continuance in service for the period from 28th April, 1983 to 31st May, 1983, yet she was given pay for this period as she had actually worked during the said period. Still further, vide letter of the Vice Chancellor dated 20th September, 1983, the Chairman of the Department of Zoology was informed that the period of petitioner's appointment has further been extended for three months upto 20th November, 1983. However, when the matter was placed before the syndicate on October 22, 1983 regarding the extension of petitioner's appointment, it was resolved as under :- "The appointment in the Department of Zoology under Item No. 6 of Statement (B) would be upto the end of academic session 1983-84 instead of upto 30th November, 1983." It may be observed here that Item No.-6 of Statement (B) related to the petitioner.;