- (1.) This writ petition has been preferred by petitioner Dr. Gopal Sharan Gupta, inter alia with prayer that respondents University of Rajasthan be directed to grant him benefit of higher pay scale, proper pay fixation and re-designation of post of Assistant Processor, which has been given to persons working as Research Assistant/Research Associates, and also grant him benefit of regularization with continuity of service in the terms of direction contained in Division Bench judgment of this court in Special Appeal (Writ) No.733/2000, dated 24.03.2009 and order dated 20.12.2010 to the extent it denies such benefits to petitioner be modified and he be granted similar benefits at par with Research Assistant/Research Associate regularized in service by that order. Shri Rajendra Soni, learned counsel for petitioner, argued that petitioner was appointed in the service of the University of Rajasthan, after regular selection was held, by order dated 26.04.1991. He filed S.B. Civil Writ Petition No.3800/1996 seeking mandamus to respondents to grant him regular pay scale with regularization. His services, however, were terminated during pendency of aforesaid writ petition, on 31.03.1997. Petitioner got aforesaid writ petition amended thereby challenging the order of his termination. Learned Single Bench vide order dated 12.05.2000 allowed the writ petition and set aside order of termination directing respondent University to reinstate him in service with continuity. Respondent University filed Special Appeal (Writ) No.733/2000, before the Division Bench challenging aforesaid judgment of Single Bench, which was disposed of by judgment dated 24.03.2009 directing that petitioner be reinstated in service without back wages and further that in the meantime if salary of Research Assistant in the University of Rajasthan is increased on consolidated basis or otherwise, petitioner shall be entitled for same salary. It was also directed that for other purposes including for the purpose of regularization, the intervening period of service should be counted. Respondent University of Rajasthan challenged aforesaid Division Bench judgment of this court before the Supreme Court by filing Special leave to Appeal (Civil) No.19500/2009, which came to be dismissed by judgment dated 17.08.2009. Respondent had to thereafter reinstate petitioner in service. Petitioner submitted representation on 20.04.2009 requesting respondents to grant him pay scale at par with one Shri S.S. Ranawat, Research Associate, who has been given pay scale of Rs.700-1600 of Research Assistant, vide order dated 07.07.1994. Respondent University by notification dated 16.06.2008, absobed the ad-hoc teachers working with them and subsequently appointed them by order dated 05.04.2008 from the date of their initial appointment. Vide order dated 21.07.2009 pursuant to Syndicate Resolution No.56, eight Research Associates were re-designated as Assistant Professor. When Division Bench judgment of this court dated 24.03.1999 was not complied with by respondents, petitioner filed Contempt Petition No.967/2009 and it was only thereafter that petitioner was offered appointment and was reinstated on the post of Research Assistant on consolidated salary of Rs.9300/- per month. Contempt petition was disposed of vide order dated 04.11.2010.
(2.) Shri Rajendra Soni, learned counsel for the petitioner, argued that reinstatement of petitioner was made vide order dated 20.12.2010 as Research Assistant in the Centre for Rajasthan Studies but complete benefits in terms of Division Bench judgment of this court were not extended to petitioner. Petitioner submitted representation to respondents on 28.02.2011 and thereafter served legal notice for demand of justice on 07.03.2011. When his grievances were not remedied, petitioner had to file present writ petition. Learned counsel has referred to order dated 19.08.2008 and argued that while petitioner has been working with respondent University since 26.04.1991, yet he has not been absorbed. Four of incumbents named in that order, who were working with respondent University since 1995-96, were absorbed, though their date of appointment was later than date of the appointment of petitioner. Learned counsel has relied on Certificate granted to him by Director of Centre for Rajasthan Studies, University of Rajasthan, Jaipur, dated 26.05.2012 (Annexure-14).
(3.) Learned counsel has relied on judgment of the Supreme Court in Gopal Krishan Sharma and Others Vs. State of Rajasthan and Others, 1993 AIR(SC) 81, and argued that in that case the Supreme Court directed the University of Udaipur to grant salary to the Research Associates appointed on ad hoc basis for duration of projects of Council of Agriculture Research on the basis of minimum of pay scale allowed to Assistants. Learned counsel also relied on Division Bench judgment of this court in Rajasthan Agriculture University, Bikaner Vs. Dr. Zabar Singh Solanki,2011 2 CDR 588 , in which case also benefit of career advancement scheme was granted to Research Assistants, who were designated as Assistant Professors.;