O R D E R(Oral)

Per: ANJALI BHAWRA, MEMBER (A):

1. The applicant has filed the instant OA under section 19 of the Administrative Tribunals Act, 1985 seeking setting aside of order dated 19.05.2016 and to issue direction to the respondents to reinstate the applicant along with consequential benefits.

2. M.A No.965/2019.

The applicant has filed instant M.A seeking condonation of delay of 740 days in filing the O.A. The applicant vide order dated 19.05.2016 passed by respondent No.3 she was relieved from her duties as Assistant Professor (Senior) w.e.f 29.04.2016. Being aggrieved by the impugned order dated 19.05.2016 she filed CP No.64/2017 in O.A No.1266/CH/2011 before this Tribunal. The said CP was dismissed as withdrawn vide order dated 06.08.2018 with liberty to file a fresh CP arising out of order dated 07.03.2018 with better particulars. Since, the service of contractual teachers (junior to the applicant) was terminated, it was advised to file O.A challenging the order dated 19.05.2016. The applicant received appointment letters as well as relieving or her juniors by filing an RTI, on 16.04.2019. Hence, she seeks condonation of delay in filing instant O.A.

Brief facts of the case are that the applicant applied in response to the advertisement for recruitment and was selected for the post of Lecturer vide appointment letter dated 30.07.2003 on contract basis. She was given extension from time to time till August, 2009. In January 2009, the respondents again advertised for post of Assistant Professor and the applicant was selected vide offer of appointment dated 16.01.2009 and was designated as Assistant Professor. The applicant was continuously working and the formal ex-post facto extensions were given to the applicant from time to time. All India Council for Technical Education restructured the teaching faculty in the Technical Institutions (Degree) in 2010. The All India Council for Technical Education (Pay Scales, Service Conditions and Qualifications for the Teachers and Academic Staff in Technical Institutions (Degree) Regulations, 2010 were notified on 22.01.2010 by the All India Council for Technical Education by which the post of Lecturer was abolished and new post of Associate Professor was created between the post of Assistant Professor and Professor. There were total 7 sanctioned posts for Assistant Professor. The applicant applied for maternity leave in 2011 but was rejected by the respondents. Therefore she approached this Tribunal vide O.A No.1226/CH/2011 and was disposed of by granting the relief of maternity leave to the appilcant. A Civil Writ Petition No.1168/2014 was preferred by the respondents against the said order which as per the applicant is pending. The applicant then filed O.A No.1492/CH/2012 to grant the minimum pay scale plus admissible DA along with arrears and to allow/grant her vacations/holidays/leave as are being granted to regular incumbents. The said O.A was allowed by this Tribunal vide order dated 22.03.2013. The respondents challenged the same by filing CWP No.18454 of 2014 which is also pending before the Hon’ble High Court of Punjab & Haryana. The UPSC advertised two posts of Professors, four Associated Professors and seven posts of Assistant Professors in Electronics and Communication Engineering Department of the College. The applicant being aggrieved by the same the applicant filed O.A No.60/230/2014 to claim regularisation and further elevate her as Associate Professor as per AICTE Regulations. However, the said O.A was dismissed vide order dated 10.07.2015 and against the same the applicant filed CWP No.16157 of 2015 and Hon’ble High Court granted interim order dated 01.09.2015 recording the submission of respondents No.3-5 therein that there was no proposal on the part of respondents No.3-5 to terminate the service of petitioner. The respondents then appointed three Associate Professors on regular basis on the recommendations of UPSC and terminated the service of the applicant vid