JUDGMENT

Ruma Pal, J.-The question in these appeals is whether, K. Shekar, the appellant in C.A.No. 355 of 2000 (referred to as the appellant hereafter) is entitled to continue as Additional Professor in the National Institute of Mental Health and Neuro Sciences (NIMHANS). The appellant was initially appointed as Lecturer. The post of Lecturer was redesignated as Assistant Professor pursuant to the 4th Pay Commission. During the pendency of the proceedings, he has been promoted as Associate Professor on 30th June 1992 and thereafter as Additional Professor with NIMHANS w.e.f. 1st July 1996. Both the Single Judge and the Division Bench of the Karnataka High Court, on an application under Article 226 filed by the respondent No. 1 have held that he had no such right. This decision has been impugned before us not only by the appellant but also by NIMHANS by way of a separate appeal.

2. The relation of facts can start with 1984 when the Indian Council of Medical Research (ICMR), New Delhi undertook to set up a project in major institutions and medical colleges for developing advanced research. The Council laid down several conditions subject to which such centers were to be set up, t