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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
MANOJ KUMAR TIWARI, PANKAJ PUROHIT
Suneet Naithani – Appellant
Versus
State of Uttarakhand – Respondent
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
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.
Promotion – Date of initial appointment is to be counted as regular service for the purpose of grant of benefits in accordance with Career Advancement Scheme (“CAS”) under UGC Regulations.
Past service in temporary roles can be counted for promotion under Career Advancement Scheme, aligning with UGC regulations; denial of such benefits violates legal rights.
Previous regular service in academic positions must be considered for promotion under the Career Advancement Scheme, and universities cannot unjustly require specific documents from prior employment.
Past services in private institutions must be counted for Career Advancement Scheme eligibility, and subsequent Executive Councils cannot revoke earlier decisions without lawful basis.
The court upheld the University's decision not to count prior service as Academic Consultants for promotion under the Career Advancement Scheme, affirming compliance with UGC regulations.
Past services of a professor can be counted for promotion under UGC regulations, regardless of whether the previous pay scale was higher than UGC standards.
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....
The main legal principle established is that UGC Regulations, 2010 have prospective effect and candidates who fulfill eligibility criteria before the enforcement of the regulations can be considered ....
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