RASTOGI,J. - (1.) These batch of special appeals are directed against two separate judgments passed by the Ld. Single Judge dt.28-5-2012 & 22-1-2016 but the issue in sum & substance being the same and with consent of the parties are being decided by the present order.
(2.) SAW-536/2013 and SAW-421/2014 have been preferred against judgment of the Ld. Single Judge impugned dt.28-5-2012 where it has been observed that the service rendered by the Teachers after being absorbed under the Rajasthan University Teachers (Absorption of Temporary Teachers) Act,2008 ("Act,2008") are deemed to be substantively appointed under the Act,1974 and are entitled to be considered for grant of benefit of CAS taking note of their service having been absorbed by the University vide its order dt.5-8-2008 from the date of initial appointment and rest of the special appeals have been filed against judgment of the Ld. Single Judge dt.22-1-2016 where complaint of the teachers was that although they stood absorbed & became member of Rajasthan University Teachers & Officers (Selection for Appointment) Act,1974 ("Act,1974") from the date of their initial inception into service but still the University has not acknowledged their service rendered for grant of pension under the University Pension Regulations,1990 ("Regulations,1990") which came into force w.e.f. 1-1-1990 and taking note of the submissions made, the Ld. Single Judge directed the University that the services rendered by the Teachers be considered to be the qualifying service for grant of pension under the Pension Regulations,1990.
(3.) Brief facts, as consented by the parties, are being noticed from SAW-536/2013 & SAW-417/2016 that the respondents- teachers were the original writ petitioners (Assistant Professor) and their service conditions are governed under the Act,1974 and the teaching post of Assistant Professor/Lecturer is to be filled through open selection on the recommendations of the Selection Committee, as envisaged u/S.3(1) of the Act, 1974 and that is the only mode of regular recruitment to enter into service as Assistant Professor/Lecturer in the University, that apart in meeting out the emergent exigencies where it may not be possible for the University to hold regular selection in terms of Sec.3(1) of the Act,1974, adh-hoc/part-time appointment/stop gap arrangement could be made in terms of Sec.3(3) of the Act,1974 but unfortunately the experience shows that Sec.3(3) which is an exception to Sec.3(1), by passage of time became the rule and being exercised by the University rampantly in appointing teachers in the University for the last about two decades.;