SHILPA JINDAL Vs. CENTRAL ADMINISTRATIVE TRIBUNAL, CHANDIGARH BENCH CHANDIGARH AND OTHERS
LAWS(P&H)-2016-4-153
HIGH COURT OF PUNJAB AND HARYANA
Decided on April 29,2016

Shilpa Jindal Appellant
VERSUS
Central Administrative Tribunal, Chandigarh Bench Chandigarh and others Respondents

JUDGEMENT

P.B. Bajanthri, J. - (1.) In CWP No. 16157 of 2015, the petitioner has questioned the validity of order dated 10.7.2015 (Annexure P-1) passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for short 'Tribunal') in O.A.No. 060/00230/2014 and further prayed for direction to the respondents to regularise her services on the post of Associate Professor with effect from the date of her initial appointment with consequential benefits.
(2.) The 5th respondent advertised the posts of Lecturers to fill up on contract basis. The petitioner was selected and appointed as Lecturer on contract basis on 30.7.2003. It was made clear to the petitioner that her appointment on contract basis was till regular recruitment from UPSC. Since no regular recruitment was made, consequently, petitioner's appointment was renewed from time to time.
(3.) In the month of December 2008, the 5th respondent advertised to fill up the posts of Assistant Professor in Electronics and Electrical Communication Engineering on contract basis. The petitioner applied for that post and she was selected and appointed to the post of Assistant Professor on 16.1.2009. Thereafter, petitioner resigned from the post of Lecturer on 19.1.2009. When things stood thus, on 22.1.2010, the AICTE (Pay Scales, Service Conditions and Qualifications for the Teachers and Academic Staff in Technical Institutions (Degree) Regulations, 2010 (for short '2010 Regulations'), were notified, by which the existing cadre of Teachers in Engineering Colleges stood upgraded. The post of Assistant Professor was upgraded to that of Associate Professor. The incumbent Assistant Professors who had completed 3 years of service as Assistant Professors were to be upgraded as Associate Professors with immediate effect. Those who have not completed three years of service, were placed in a special pay scale till completion of stipulated period of 3 years. The petitioner was also re-designated as Senior Assistant Professor and was held entitled for re-designation as Associate professor w.e.f. 19.1.2012, the date on which she would be completing 3 years of service.;


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