JUDGMENT :

Sanjay Dhar, J.

1. Petitioner has filed the instant writ petition seeking the following reliefs:

a) Writ, order of direction in the nature of Certiorari seeking quashment of order No.NIT/ PDA/2014/ 9144-45 dated 17.11.2014 passed by the Registrar NIT Srinagar.

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) Writ order or direction in the nature of Mandamus commanding upon the respondents to restrain from passing the orders by sitting over the judgment passed by this Hon’ble Court once the finding has aired been returned on the said issue.

e) Writ order or direction in the nature of Mandamus commanding upon the respondent No.5 to explain that under which authority he has passed the order when he has no competence and further Hon’ble Court be gracious enough to proceed against this Registrar so that officers in future will not dare to interpret the judgments passed by this Hon’ble Court in their own wisdom without any competence.

f) It is further prayed that by a writ of Mandamus, the respondents be directed to grant following reliefs to the petitioner:

i) To count the seniority of the petitioner as Lecturer with effect from 01.04.1991;

ii) To place the petitioner in the Senior Scale Grade as Lecturer with effect from 01.01.996;

iii) To place petitioner in the grade of Assistant Professor with effect from 01.01.2001;

iv) To place the petitioner in the grade of Professor with effect from 01.01.2009;

v) To protect the pay of the petitioner with effect from 01.05.1993 and granting of four incentive increments with effect from 01.01.1996 onwards.

2. The case of the petitioner is that he was working as a Lecturer in National Institute of Technology, Srinagar and prior to joining the said institute, he had served as a Lecturer on adhoc basis in the Department of Physics, University of Kashmir. According to the petitioner he was entitled to the reckoning of his adhoc service which he had rendered in University of Kashmir and on that basis his seniority as Lecturer Senior Scale in National Institute of Technology, Srinagar was required to be fixed for paving way to grant of further promotion in his favour. It appears that prior to filing of this petition, petitioner had approached this court by way of a writ petition bearing SWP No.1941/2010 claiming similar relief from the court. The writ petition came to be decided by this court in terms of order dated 11.08.2014. The Writ Court after noticing the facts of the case disposed of the same by making following observations/directions:

6. The case set up by the respondents that the petitioner was not appointed on the recommendation of a duly constituted committee, does not find support from the record available on file. In any case as petitioner was allowed to work as Lecturer on ad hoc basis in University of Kashmir for more than two years it is presumed that he was initially appointed as such by the duly constituted committee unless there is record to belie it, which in present case is neither available on the file nor produced by the respondents.

7. Petitioner therefore has carved out a case for a direction to the respondents