IMPORTANT POINT
The central legal point established in the judgment is that the 2010 Regulations provide for the counting of previous regular service for the purposes of grant of benefits under CAS, without making a distinction based on the management of the institution where previous services were rendered.

JUDGMENT :

Satyen Vaidya, J.

By way of instant petition, petitioner has prayed for the grant of following substantive reliefs:

“i) That the services rendered by the petitioner in GGDSD College, Rajpur with effect from 02.04.1991 upto 19.05.2000 may be counted for the purposes of grant of pay scales including senior scale, selection grade etc. as per the UGC pay scales applicable from time to time.

(ii) That the respondents may be directed to grant all the arrears of the pay scales so permitted by the Court after his fixation in the appropriate scales upon counting of his old service put in GGDSD College, Rajpur.

(iii) That the petitioner may also be held entitled to interest @ 12% per annum on all due and admissible payments.”

2. The petitioner in the first instance was appointed as Lecturer in Zoology on ad hoc basis on 10.07.1988 in GGDSD College, Rajpur, District Kangra, H.P. (for short, “Rajpur College”).

3. The Rajpur College was affiliated to Himachal Pradesh University (for short, “HPU”). Being affiliated college of HPU, the appointments of the teaching staff in Rajpur College was governed by the provisions of the Ordinances of the HPU. The petitioner was offered post of Lecturer Zoology in Rajpur College on regular basis w.e.f. November, 1990 as the petitioner was found duly qualified and his selection was after conduct of due selection process. The HPU approved the appointment of petitioner as Lecturer in Rajpur College on 02.04.1991.

4. The Rajpur College was being managed by GGDSD College Education Society (for short, “Society”). Another College being run by the Society was the GGDSD College, Baijnath (for short, ‘the Baijnath College’).

5. On 01.05.2000, the petitioner was transferred from Rajpur College to Baijnath College against a vacant post. The Rajpur College was receiving 95% grant-in-aid from the Government of Himachal Pradesh, whereas, the Rajpur College was getting only ad hoc grant-in-aid.

6. Respondent No.1, after transfer of petitioner to Baijnath College, declined 95% grant-in-aid towards the salary of petitioner on the ground that since the initial appointment of petitioner was in a non-aided college, he was not entitled to draw salary while working in Baijnath College from the coffers of the State Government.

7. The petitioner approached this Court by way of CWP No. 1381 of 2001. A Division Bench of this Court vide judgment dated 20.06.2002 allowed CWP No. 1381 of 2001 in the following terms:

“In view of the aforesaid, the writ petition is allowed and as a consequence of it, Annexure P-12/A is hereby quashed and set-aside and respondents No. 1 and 2 are directed to now deal with the case of release of 95% Grant-in-Aid as per Rules, 1994, referred to in this judgment for the post of Lecturer in Zoology at Goswami Ganesh Dutt Sanatan Dharam College, Baijnath. Respondents are further directed to ensure that the earned un-paid salary, if any, is released to him forthwith and he is further regularly paid the same alongwith other teachers of College at Baijnath.”

8. The Baijnath College was taken over by the State of Himachal Pradesh in the year 2007. The services of petitioner were also taken over alongwith other staff of the College. However, his services in Baijnath College was not counted, forcing the petitioner to yet again approach this Court by filing a Civil Writ Petition. This Court by an interim order, protected the salary paid to the petitioner at the time of taking over.

9. The precise grievance of the petitioner in the instant petition is that while granting petitioner the benefit of Career Advancement Scheme (CAS), the respondents have not counted the services of petitioner rendered in the Rajpur College. His claim is that since, the senior scale and selection grade becomes available to a Lecturer on completion of requisite period of service by denying him the benefit of length of service rendered in the Rajpur College, his legal vested right has been infringed.

10. The respondents No. 1 to 3 by way of a