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2003 Supreme(SC) 859

V. N. KHARE, S. B. SINHA
ABRAHAM KURUVILA – Appellant
Versus
S. C. T. INSTITUTE OF MEDICAL SCIENCES and TECHNOLOGY – Respondent


ORDER

1. The petitioner is an Assistant Professor in the Department of Neurology under the first respondent. He claims that he, in terms of the existing rules and having regard to the qualification possessed by him, should have been promoted to the post of Associate Professor. The petitioner was, however, denied the said promotion despite the fact that a Selection Committee had been set up for the abovementioned purpose in the year 1992. The petitioner has, however, allegedly been working in the post of Assistant Professor since 22-6-1994 but he was not given a higher salary by letter dated 4-8-1994 of the Director of the Institute, which is in the following terms:

"Sub.: Highest scale of pay at Assistant Professor level w.e.f. 22-6-1994.

Ref: Your letter dated 2-2-7-1994 ..

With reference to the above letter I may inform you that the Service and Personnel Conduct Rules of the Institute do not contain any enabling provision to fix your pay at Rs 4500 which is the maximum of the scale of pay applicable to Assistant Professors w.e.f. the date of your joining the Institute."

The petitioner alleges that the Director had been interfering in his programmes as faculty member and whenever















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