Ad hoc/temporary service >1 year counts for CAS under UGC Regulations Clause 10.1(f) if by Selection Committee and continued to permanent post without break; court directs reconsideration.

JUDGMENT :

Manoj Kumar Tiwari, J.

Petitioner was earlier appointed as Associate Professor on contract in Uttarakhand Academy of Administration, Nainital on 22.07.2006, pursuant to which, he joined duties on 27.07.2006. Petitioner served in the Uttarakhand Academy of Administration as Associate Professor for nearly three years. While he was serving in Uttarakhand Academy of Administration, he applied for the post of Assistant Professor in Doon University and upon being selected he was offered appointment by the competent authority in the said University on 07.07.2009 and he joined duties as Assistant Professor in the said University on 09.07.2009.

2. According to the petitioner, the services rendered by him as Associate Professor in Uttarakhand Academy of Administration are liable to be counted towards experience for getting the benefit under Career Advancement Scheme (CAS) introduced by the UGC Regulations, 2010. His claim was forwarded by Executive Council of the Doon University to the State Government for decision. State Government, however, rejected petitioner’s claim, vide order dated 17.02.2014 on the ground that since his employment was contractual in nature, therefore, services rendered in contractual capacity cannot be taken into account for grant of benefit under Career Advancement Scheme. The decision taken by the State Government has not been challenged in the writ petition, however, petitioner has sought the following reliefs in the writ petition:-

“(i) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 to 4 to consider the case of the petitioner towards counting the services rendered by the petitioner at the Uttarakhand Academy of Administration, Nainital with the Doon University for the purpose of ACP and promotion, as per the UGC regulation, 2010.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 to 4 to consider the representation submitted by the petitioner for counting the services rendered by him at the Uttarakhand Academy of Administration, Nainital with the Doon University for the purpose of ACP and promotion, as per the UGC regulation, 2010.”

3. The relevant UGC Regulation is on record as Annexure-5 to the writ petition. Clause 10 of the UGC Regulations deals with counting of past services for direct recruitment and promotion under CAS. Clause 10.1 provides that previous regular service, whether national or international, as Assistant Professor, Associate Professor or Professor or equivalent in a University, College, National Laboratories etc., should be counted for direct recruitment and promotion under CAS.

4. Learned State Counsel submits that since previous regular service is a condition precedent for taking into account the earlier services rendered by a teacher before his appointment in a University and since petitioner was not having regular status while serving in Uttarakhand Academy of Administration, therefore, his claim for benefit of UGC Regulations, 2010 was rightly rejected.

5. Learned counsel for the petitioner, however relies upon clause (f) of para 10.1 of UGC Regulations, 2010, which reads as under:-

“(f). The previous appointment was not as guest lecturer for any duration, or an ad hoc or in a leave vacancy of less than one year duration. Ad hoc or temporary service of more than one year duration can be counted provided that:

(i) The period of service was of more than one year duration;

(ii) The incumbent was appointed on the recommendation of duly constituted Selection Committee; and

(iii) The incumbent was selected to the permanent post in continuation to the ad hoc or