ASHOK PARIHAR and G.S.SARRAF, JJ. - (1.) The respondent, concerned employee was initially appointed as a Research Assistant on a consolidated salary of Rs. 1200/- per month w.e.f. January 1, 1991 vide order dated January 16, 1991 in the Center for Rajasthan Studies under University of Rajasthan. Subsequently, a regular advertisement was also issued for appointment for the post of Research Assistant in the Study Center on a consolidated salary of Rs. 1200/- per month. In pursuance to the advertisement dated February 17, 1991 the concerned employee was given appointment on the post of Research Assistant vide order dated April 26, 1991. The relevant portion of the order dated April 26, 1991 is reproduced as under: "With reference to your letter No. 772 dated April 2, 1991, on the above subject, I am directed to convey the approval of the Vice Chancellor for the appointment of Shri Gopal Sharan Gupta as Research Asstt. @ Rs. 1200/-pm. (fixed) on the following terms and conditions (i) If the services of the incumbent are continued beyond 240 days. You are required to comply with the conditions of Section 25-F regarding giving proper notice before retrenchment of the services under Law. (ii) This appointment will not involve any financial liability to the University either to absorb the incumbent or to continue him in any other capacity after the duration of the project. The expenditure on the above will be met out of Center Project provision of Rs. 55,000/-."
(2.) Since there was no fixed tenure of appointment in the above order dated April 26, 1991 nor there was any mention of a particular scheme sponsored by the Central Government, the concerned employee was continued on the post. Apart from giving the certificate for appreciation by the Director of Center, the concerned employee was also granted, house rent allowance w. e.f. April 1, 1994 to March 31, 1995 at the rate of Rs. 450/- per month as per the University Rules vide order dated January 12, 1995.
(3.) As has come on record, the concerned employee, while working on the post of Research Assistant on ad hoc basis in the Center for Rajasthan Studies, was to draw the fixed salary of Rs. 2500/- per month without any allowance w.e.f. April 1, 1995 to March 31, 1996 vide order dated July 21, 1995. It was only vide order dated April 2, 1996 that an order was issued granting extension for one year to the concerned employee as Research Assistant w.e.f. April 1, 1995 to March 31, 1997 on a fixed salary of Rs. 2500/- per month. Having discontinued from service after March 31, 1997 a writ petition was filed by the concerned employee before this Court challenging the termination. While allowing the writ petition vide order dated May 12, 2000, the learned single Judge set aside the order dated April 2, 1996 whereby the services of the concerned employee were terminated after March 31, 1997. The present appellants were directed to continue the concerned employee on the post of Research Assistant with all consequential benefits w.e.f. April 1, 1997. The arrears were also to be paid accordingly.;