HIMA KOHLI, AHSANUDDIN AMANULLAH
Rajasthan Agricultural University, Bikaner, through its Registrar – Appellant
Versus
Zabar Singh Solanki – Respondent
JUDGMENT
AHSANUDDIN AMANULLAH, J.
1. Heard learned counsel for the parties.
2. Leave granted in all the petitions.
3. Civil Appeals arising from Special Leave Petitions (Civil)1 [hereinafter referred to as the ‘SLP(C)’] No. 22278/2011 and 22813/2011 are directed against the common Judgment and Order dated 20.01.2011, passed by the High Court of Judicature for Rajasthan at Jodhpur2 [hereinafter referred to as the ‘High Court’] in D.B. Civil Special Appeals No. 382/2002 and 470/2002 respectively, whereby the writ appeals filed by the appellant were dismissed. The Civil Appeal emanating from SLP (C) No. 30963/2018 is directed against the Judgment and Order dated 04.05.2018, passed by the High Court in D.B. Special Appeal Writ No. 714/2018, whereby another appeal filed by the appellant came to be dismissed.
BRIEF FACTUAL OVERVIEW:
4. We propose to deal, first, with the challenge to the order dated 20.01.2011. For the sake of convenience, the factual background, details and status of the parties shall be with reference to the Civil Appeal emerging from SLP (C) No. 22278/2011.
5. Respondents No. 1 to 54 were appointed as Research Assistants in the erstwhile University of Udaipur, renamed as Moh
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Lecturers appointed before January 1, 1996 are entitled to selection grade benefits without needing a Master’s degree, ensuring equal treatment in service matters.
The respondent is entitled to Career Advancement Scheme benefits based on her prior service in accordance with AICTE guidelines, as her qualifications were deemed sufficient.
The court reaffirmed that all teachers in aided educational institutions must be treated equally regarding career advancement benefits, and any arbitrary deductions in service years violate the princ....
The court affirmed that prior non-teaching service can be considered for promotion under the CAS if the roles are deemed equivalent, as per UGC guidelines.
Public orders made by public authorities are meant to have public effect and are intended to affect the actings and conduct of those to whom they are addressed and must be construed objectively with ....
power of the Government to make laws determining the service conditions of its employees or amend such laws cannot confer them the power to apply such laws differently to similarly situated persons.
Promotion – Date of initial appointment is to be counted as regular service for the purpose of grant of benefits in accordance with Career Advancement Scheme (“CAS”) under UGC Regulations.
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