The main legal point established in the judgment is the eligibility of the petitioner for absorption in government service based on his educational qualifications and the violation of principles of natural justice, promissory estoppel, and legitimate expectation.

ORDER :

1. This petition under Article 226 of the Constitution of India has been filed by the petitioner seeking for the following reliefs:

“(i) That, this Hon'ble Court may kindly be pleased to set-aside the impugned order dated 03.06.2016 (Annexure P/1) and direct the respondents to absorb the service of petitioner in the post of Assistant Professor Sociology from the date of absorption of identically placed other Assistant Professors of various subjects of respondent college along with equal benefits extended to them as regular government servant, without any financial loss to the petitioner in accordance with law.

(ii) That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.”

2. Brief facts of the case as projected by the petitioner are that, the petitioner was appointed as lecturer in department of Sociology in the Gramya Bharti Vidyapeeth, Hardi Bazaar Bilaspur, against the vacant and sanctioned post vide order dated 30.10.1983 in the pay scale of 700-1300-1600/- after following due process of selection enumerated in statute no. 28 known as College Code of the then Guru Ghasidas University Bilaspur. Accordingly the petitioner joined in 14.11.1983 under the provisions of C.G. Vishvavidyalaya Adhiniyam. Initially the petitioner was appointed on probation for period of 1 year however after completing the probation period of 1 year satisfactorily, the service of the petitioner was confirmed and became effective from the date of 14.11.1984.

3. The petitioner had passed his schooling in the year 1972 with more than 50%, B.Sc examination in the year 1975 with more than 50% marks, M.A. in the year 1977 in Sociology subject with 51.7%, M. Phil in the year 1978, B.Ed in the year 1980, LL.B in the year 1993, LLM in the year 2013 with 55.8% and also completed Ph.D in the year 1998. Apart from above qualifications the petitioner had conducted research projects funded by International Fund for Agriculture Development, a body of United Nations Organization, in association with Chhattisgarh Tribunal Development Society, a bonafide society of Chhattisgarh Government, also published research papers in National journals, guided Ph.D. students, acting as Chief Editor of research journal namely, Sociology Quest, Life member of Indian Sociology Society, executive member of Delhi and central zone Sociology Promotion Council and President of Chhattisgarh Sociological Association.

4. After the confirmation of service the Guru Ghasidas Vishwavidyalaya had duly granted approval in accordance with law vide letter dated 19.09.1988. Vide order dated 07.02.1989, the Madhya Pradesh Uccha Shiksha Anudan Ayog had also granted approval of petitioner as regular Assistant Professor Sociology from 01.03.1988 for grant of aid. Accordingly, the petitioner is getting the pay scale fixed by the Directorate Madhya Pradesh Uccha Shiksha Anudan Ayog regularly and as on 01.09.1992, the petitioner was paid scale of Rs. 2200-4000/-. Thereafter, vide circular/order dated 08.07.1993, the M.P. Uccha Shiksha Anudan Ayog directed in accordance with Higher Education Department notification dated 03/08 November 1988, that the Assistant Professors appointed in approved colleges in regular basis after selection, after completing 8 years from 01.01.1986 shall be entitled to be promoted in senior pay scale of University Grants Commission of Rs. 3000-5000/-. Accordingly the petitioner was granted promotion in senior pay scale grade vide order dated 05.07.1994 with effect from March 1993. The pay scale of the petitioner was upgraded according to the recommendation of 5th Pay Commission in Rs. 12000-18300/-, by order dated 13.08.2004 effective from 27.07.1998.

5. Thereafter, the petitioner was included in the pay scale of Rs. 37400-67000 with AGP 9000 after applying recommendation of 6th pa