ANIL KUMAR DAHIYA Vs. UNION OF INDIA AND OTHERS
LAWS(P&H)-2008-4-216
HIGH COURT OF PUNJAB AND HARYANA
Decided on April 28,2008

ANIL KUMAR DAHIYA Appellant
VERSUS
UNION OF INDIA AND OTHERS Respondents

JUDGEMENT

- (1.) The petitioner, who is possessing academic qualification of M.Tech, initially worked as a Lecturer in Electrical Engineering in Maharishi Markandeshwar Engineering College, Mullana, District Ambala from August 10, 1999 to September 08, 2001. Thereafter, he was selected as a Lecturer in Electrical Engineering in the Regional Engineering College, Kurukshetra and joined there pursuant to appointment letter dated September 07, 2001 (Annexure P-2). The Regional Engineering College, Kurukshetra, was thereafter converted into a Deemed University and called the National Institute of Technology, which is an instrumentality of the Government of India.
(2.) The Technical Education Department, Haryana, issued a Scheme known as "Career Advancement Scheme" (Annexed with letter dated January 30, 2004 Annexure P-3), which was made applicable with effect from July 27, 1998. As per this Scheme, incentives and different scales of pay were given to the teachers so as to avoid stagnation. According to this Scheme, the minimum length of service for eligibility to move into the grade of Lecturer (Senior Scale) is four years for those who are Ph.D, five years for those who are M.Phil/MK.E/M.Tech and six years for other Lecturers. The petitioner being eligible applied for the same, but was not called for interview on the ground that his service in the earlier institution i.e Maharishi Markandeshwar Engineering College, Mullana, could not be counted.
(3.) It is the case of the petitioner that Clause 9 of the Scheme itself provides that the previous service without any break as a Lecturer or equivalent is countable towards grant of senior scale. He further relies on letter dated November 27, 1990 (Annexure P-5) issued by the University Grants Commission, whereby it was clearly mentioned that the previous service without any break as a Lecturer or equivalent in the University would be countable for the purpose.;


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