Ad hoc service should be considered for financial benefits, including arrears of salary, as approved by the State Government.

JUDGMENT :

Rakesh Thapliyal, J.

1. Initially, petitioner was inducted in service as Lecturer (Chemistry) on ad hoc basis, pursuant to the appointment letter dated 25.03.1980 in the Constituent College (later known as ‘Sobhan Singh Jeena Campus, Almora’). The said ad hoc appointment letter of the petitioner was issued by the Vice Chancellor of the Kumaun University, in exercise of powers conferred by Section 13 (6) and (8) of the U.P. State Universities Act, 1973. Pursuant to his appointment, the petitioner joined on the said post on 01.04.1980, as it appears from the appointment letter appended to the writ petition as Annexure No. 1. Petitioner was appointed in the pay-scale of Rs.700-1600. Subsequently, on the recommendations of the Selection Committee constituted under Section 31 (4) (a) of the U.P. State Universities Act, 1973, petitioner was appointed on temporary basis in Constituent College, Almora by the order dated 19.07.1986 and, subsequently, by the order dated 23.01.1990, service of the petitioner was confirmed w.e.f. 01.11.1988. The order of confirmation was issued by the Vice Chancellor of the Kumaun University, Nainital. Thereafter, by order dated 28.12.1993, the petitioner was granted senior scale of Rs. 3,000-5,000/- with effect from 21.07.1991. Senior scale was given to the petitioner on the recommendations of the Executive Council of the University on its meeting held on 28.12.1993. The erstwhile State of Uttar Pradesh issued a Government Order No. 91.GI/15-11-88-14(5)-87 dated 07.01.1989, wherein a provision has been made for grant of Senior Scale/ Selection Grade under the Career Advancement Scheme and the eligibility is prescribed under Clause-10 of the said Government Order, which reads as under :

“10. Eligibility.-Lecturer in University or in an affiliated/ associated college will be eligible for placement in a Senior Scale of Rs.3000-5000 if he/she has:

(a) Completed 8 years of continuous and full-time service after regular appointment. This service must have been rendered on an approved post after regular selection in Permanent or Temporary capacity in any University or Post Graduate or Under-Graduate degree college or Institute (imparting instructions in degree and/or Post-graduate courses and/or guiding research) but shall not include service rendered in ad hoc capacity. Provided that benefit of one year or three years, as the case may be, will be allowed to such lecturer as possesses M. Phil. or Doctorate Degree;

(b) Participated in two refresher courses/summer institutes each of approximately four weeks duration or engaged in other appropriate continuing education programmes of comparable quality as may specified by U.G.C.; and

(c) Consistently satisfactory performance appraisal reports.”

2. Thereafter, by the subsequent Government Order dated 30.06.1992, certain amendments were carried out in the earlier Government Order dated 07.01.1989, whereby amendments were made in respect of eligibility. The relevant extracts of this order, which is appended to the writ petition as Annexure No. 6, is being quoted hereinbelow :

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