Mohammad Rafiq, J. - (1.) PETITIONER Dr. Anil Kumar Bhargava has filed this writ petition with following prayer: - i) Pleased to direct the respondents to extend the benefit of Career Advancement Scheme provided under the UGC Regulations 2000 and under Ordinance 141 -I of the respondent University of Rajasthan and further consider the candidature of the petition for the same fairly and impartially and give benefit of the Lecturer (Selection Scale) to the petitioner from 10.02.1979, benefit of Lecturer (Senior Grade) w.e.f. 15.2.1994 and promotion to the post of Reader/Associate Professor w.e.f. 15.2.1994 or any other suitable date from which petitioner is entitled thereto as per the Scheme, with consequential benefits of Pay Fixation, Increment, Salary and Post Retiremental Benefits with interest @ 12%. ii) Pleaded to direct the respondent to give benefit and make payment of the two advance increment given to the petitioner vide order dated 16.5.2005 on acquiring the qualification of Ph.D. during service and which was discontinued/withheld without any order from February 2006. iii) Pleased to direct to make payment of the withheld two advance increment for the period from February 2006 to November 2006 and make fixation accordingly in his pay for the period from February 2006 to November 2006 and further fix his post retiremental benefits accordingly and make payment thereof with interest @ 12%. iv) Any other order or direction which this Hon'ble Court deem just and proper/fit in the facts & circumstances may also be passed in favour of the humble petitioner. The petition may be allowed with cost.
(2.) SHRI Shiv Charan Gupta, learned counsel for petitioner, argued that despite eligibility and entitlement of the petitioner, he has not been granted benefit of Lecturer (Senior Scale) and promotion to the post of Reader/Associate Professor in the Career Advancement Scheme. He was granted two advancement increments, for acquiring the Ph.D. Degree vide order dated 16.05.2005, which was illegally withdrawn from February, 2006. It is contended that the benefit of Career Advancement Scheme is admissible to the petitioner under the Scheme of the UGC under UGC Regulations, 2002. Prior to those Regulations of 2002, there were UGC Regulations of 1983, which were amended from time to time by notifications dated 19.02.1984, 26.11.1985 and 24.12.1998. However, all the aforesaid Regulations and Notifications have been superseded by the Regulations of 2002. Learned counsel for the petitioner referring to Ordinance 141 -I of the University Ordinances, argued that according to those provisions, a Lecturer/Assistant Professor is eligible for Lecturer -Senior Scale on completion of six years of service after regular appointment with relaxation of two years for those with Ph.D. and further has participated in one orientation course and one refresher course of approved duration or engaged in other appropriate continuing education programme of comparable quality as specified by UGC. Those possessing Ph.D. Degree and further having constant satisfactory annual performance appraisal report has been exempt from one refresher course. A lecturer in Senior Scale will be eligible for promotion to the post of Reader/Associate Professor if he/she has completed five years of service in the senior scale, obtained a Ph.D. Degree or has equivalent published work, made some mark in the area of scholarship and research as evidenced i.e. self assessment reports of referees, quality of publications, contribution to educational innovation, design of new course and curriculum and extension activities, after placement in the senior scale, participated in two refresher courses/summer institute of approved duration, or engaged in other appropriate continuing education programme of comparable quality as may be specified or approved by the UGC and possess consistently good performance appraisal reports.
(3.) IT is contended that for being eligible to Lecturer in selection scale grade, a lecturer in senior scale, who does not have a Ph.D. Degree or equivalent published work, and who does not meet the scholarship and research standards/post of Teacher, should fulfill the other criteria for the post of Reader, and should have a good record in teaching and preferably, and should have contributed in various ways such as to the corporate life of the institution, examination work or through extension activities. As far second relief of grant of two advancement increment on acquiring Ph.D. Degree, is concerned, the same is an admitted fact as it is evident from the order of the respondent University of Rajasthan dated 16.05.2005 apart from the concerned provisions and the orders of the respondent University. Learned counsel for the petitioner has cited a judgment of a coordinate bench of this Court dated 28.05.2012 in a bunch of writ petitions leading one being S.B. Civil Writ Petition No. 14653/2010 - -Rajeev Saxena and Others Vs. State of Rajasthan and Another. That bunch also contained the Writ Petition No. 15964/2010 - -Dr. Shambhu Prasad Bansal and Others Vs. University of Rajasthan and Another, in which petitioner was one of the petitioners.;