- (1.) This is an appeal against the judgment and order passed by the learned Single Judge in S.B. Civil Writ Petition No. 630/91, by which the learned Single Judge has directed that the respondent-original petitioner, be considered eligible for the post of Assistant Professor. The respondent-petitioner was promoted as Lecturer in the scale of Rs. 2000-3500/-, on probation for a period of one year by order dated 12.8.1988. By further order dated 22.4.1989, her promotion was treated effective from 2.4.1985. Her salary was also fixed with effect from 2.4,1985. In view of this position, learned Single Judge held that the respondent-petitioner was required to be treated as Lecturer (promotee) with effect from 2.4.1985. The contention that the respondent-petitioner had not actually worked on the post of Lecturer and, therefore, she cannot be considered eligible for the post of Assistant Professor has been negatived by the learned Single Judge. In our opinion, the learned Single Judge has committed no error in coming to the conclusion and in assigning reasons for the same. The deeming fiction has to be carried to its ligical extent. Once the appellant has granted promotion to the respondent-petitioner with retrospective effect i.e. from 2.5.1985, it has to be treated as available to the respondent-petitioner for all purposes.
(2.) There is no substance in the Appeal, hence dismissed.;