JUDGEMENT
RITU BAHRI,J. -
(1.) Petitioner has approached this Court praying for
issuance of writ in the nature of certiorari quashing the order dated
16.06.2008 conveyed vide memo dated 21.08.2008 (P-6) whereby claim of the petitioner for fixing her seniority from the date when her other
batchmates were given appointment, has been declined and further prayer
is for issuance of directions to the respondents to grant her benefit of
seniority and notional pay fixation from the date when her other
batch-mates were given appointments and were allowed to join the duties
w.e.f 01.01.2007.
(2.) Pursuant to advertisement issued by the Manohar Memorial College ( for short 'respondent-college'), petitioner was selected and appointed as
lecturer in Economics on the basis of her merit on contract
basis/temporary against the vacancy. She joined her duties on 27.07.1999
and since then she is continuously working in the said college.
Thereafter, after lifting of the ban on appointment on regular basis in
the year 2006, the respondent-College issued an advertisement dated
07.06.2006 for filling up various posts of Lecturers including one post of Lecturer in Economics. Petitioner applied for the post of Lecturer in
Economics on regular basis. However, the Government of Haryana vide
advertisement dated 16.10.2006 took a decision that upper age limit will
be 40 years and thus, the candidature of the petitioner was rejected as
she had crossed the age of 40 years on the last date of submission of
applications.
(3.) Subsequently, petitioner filed CWP No. 17182 of 2006 challenging the action of the respondents in declaring her ineligible for appointment to
the post of Lecturer in Economics and sought directions to consider her
eligible in age for the post of Lecturer. This Court vide order dated
09.11.2006 permitted the petitioner to participate in the selection process provisionally but the result of the petitioner was ordered to be
kept in sealed cover and the same was directed to be produced before the
Court.
Thereafter, petitioner was interviewed on 24.11.2006 and was placed at Sr. No. 1 in the panel of selected candidates but she was not allowed to join her duty as the matter was pending before this Court.
Thereafter, this Court vide judgment dated 26.11.2007 (P-1) allowed the writ petition in terms of CWP No. 3081 of 2005, decided on 25.09.2006 (Umesh Kumar and others v. Kurukshetra University, Kurukshetra and others) (P-2).
Pursuant to the above judgment dated 26.11.2007, petitioner was issued appointment letter dated 19.03.2008 (P-3) and she joined her duty on the same day. Her appointment was further approved by the Kurukshetra University, Kurukshetra vide letter dated 23.08.2008 (P-4). ;
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