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LANUSUNGKUM JAMIR, KARDAK ETE
DIRECTOR NATIONAL INSTITUTE OF TECHNOLOGY, SILCHAR – Appellant
Versus
ARUP BHATTACHARJEE – Respondent
JUDGMENT :
KARDAK ETE, J.
1. Heard Mr. S.P. Choudhury, learned counsel for the appellants. Also heard Mr. S. Dutta, learned Senior Counsel assisted by Mr. S. Nath, learned counsel for the sole respondent.
2. This intra-Court appeal is directed against the judgment and order dated 21.07.2022 passed by the learned Single Judge in WP (C) 5055/2017, by which, the writ petition filed by the respondent/petitioner has been allowed, thereby setting aside the Minutes of the meeting/report of the Committee dated 27.04.2017 and the Minutes of the 53rd and 54th Board of Governors (BOG in short) meeting dated 06.05.2017 in so far as the petitioner/ respondent is concerned. The learned Single Judge has directed the appellants to promote the petitioner as Lecturer (Senior Grade) w.e.f. 03.10.2001 with consequential service benefits including arrear monetary benefits and also to grant consequential service benefits as Lecturer (Selection Grade), Assistant Professor (Selection Grade) on the basis of the UGC notification relating to the appointment of teacher in Universities and Colleges as issued from time to time.
3. Facts of the case, in brief, are that the respondent/petitioner is serving as Assista
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.
Point of Law : Where range of discretion with authorities have been cut down to such an extent that only one decision is possible, Court may specifically direct authority to act in a particular manne....
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.
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 AICTE's clarifications dictate promotion qualifications; retrospective qualifications cannot be enforced by the State, ensuring rights of consistently employed individuals are protected.
In case of disputes regarding seniority and matters connected with it by reason of any order of Government or any order of an authority subordinate to Government, representations for reconsideration ....
(1) There is distinction between re-designation and regular appointment – Redesignation cannot be said to be a regular appointment.(2) Promotion – Whenever a Scheme/Policy is brought into force, cete....
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