Continuous service for the purpose of determining seniority and selection scale benefits under a career advancement scheme includes past service rendered strictly in accordance with the law, even if there is a small period of break in service that is condoned by the relevant authorities.

ORDER :

Dr. Pushpendra Singh Bhati, J.

1. The petitioner has preferred this writ petition claiming the following prayers:-

"It is, therefore, humbly prayed that Your Lordships may kindly be pleased to accept and allow the writ petition and further be pleased to issue an appropriate writ, order or direction whereby the respondents be directed to consider the case of the petitioner for placement in the senior and selection scale by counting his previous temporary service rendered under College Education from 30.08.1976 to 15.09.1980 under career advancement Scheme and respondents be directed to grant senior scale w.e.f. 01.01.1986 and selection scale w.e.f. 22.08.1990 to the petitioner and passed necessary orders in this regard making fixation of the petitioner in the senior/selection scale by counting his previous service and make payment of arrears with interest @ 24% per annum.

Any other appropriate order or direction which this Hon'ble Court deems just and proper in the facts and circumstances of this case may kindly be passed in favour of the petitioner."

2. The brief facts as noticed by this Court are that the petitioner was appointed on the post of College Lecturer on temporary basis in S.D. Government College, Beawar on 30.8.1976 and thereafter he was appointed by R.P.S.C. as a permanent lecturer w.e.f. 21.1.1982 at S.K. Government College, Sikar. The petitioner retired as lecturer and is seeking counting of his services from the date of his temporary appointment.

3. Counsel for the petitioner Shri L.S. Shekhawat submits that the University Grants Commission promulgated career advancement Scheme for the University and College Teachers w.e.f. 1.1.1986 which provides for senior and selection scales. Limited contention of the Counsel for the petitioner is that while computing selection scale, the petitioner's initiation of service has to be taken as the 30.8.1976 instead of 21.1.1982. Counsel for the petitioner has shown that the previous service has been counted by the respondents themselves vide Annexure-11 dated 25.6.2008 in which while invoking Rajasthan Civil Services (Pension) Rules, 1986 the past service has been accepted and the break has been condoned, although for the purpose of pension alone. The order dated 25.06.2008 reads as follows:-

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Counsel for the petitioner has also relied upon the judgment of the Hon'ble Apex Court in the matter of Banaras Hindu University Varanasi & Anr. Vs. Dr. Indra Pratap Singh- 1992 Supp (2) SCC 2. Relevant para 9 and 10 reproduced as under:-

"9. We agree with the learned counsel for the respondent that the expression "eight years of continuous service" in para 2(a) of the scheme should be understood in a reasonable manner having regard to the underlying aim and obj