SANJAY DHAR
Ghulam Rasool – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Sanjay Dhar, J.
1. Petitioner has filed the instant writ petition seeking the following reliefs:
b) Writ order or direction in the nature of Mandamus commanding upon the respondents to count the services of the petitioner rendered by him as lecturer on adhoc basis in the University of Kashmir w.e.f. 01.04.1991 to 30.04.1993 for the purpose of placement of petitioner on the next higher post in terms of the career advancement scheme and the rules prescribed by All India Technical Education.
c) Writ order or direction in the nature of Mandamus commanding upon the respondents to implement career advancement scheme and the rules prescribed by AICTE in favour of the petitioner and accord promotion as Lecturer senior scale in favour of the petitioner w.e.f 01.04.1995, Assistant Professor w.e.f. 01.04.2000, Associate Professor w.e.f. 01.01.2006 and Professor w.e.f. 01.01.2009 in sixth pay commission that become due to the petitioner in terms of the rules or directly Professor w.e.f 2008 in terms of 5th pay commission.
d) Wr
Ad hoc service should be considered for financial benefits, including arrears of salary, as approved by the State Government.
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.
The judgment established the principle that ad hoc service is eligible for counting under UGC Regulations for promotion and emphasized the requirement for authorities to provide substantive reasons f....
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 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 ....
The main legal point established in the judgment is that adhoc service cannot be counted for seniority if the appointment was not in accordance with the rules, and the impact of delay and laches in c....
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