Extraordinary leave availed by a university teacher must be counted as active service for promotion eligibility under UGC guidelines.

ORDER :

The crux of the case of petitioner, insofar it touches the grievance in the writ petition, is that the petitioner availed Extra Ordinary Leave of 2 years 10 months and 13 days on private affairs while working as Assistant Professor in the respondent-Osmania University. In accordance with the Career Advancement Scheme of the University Grants Commission (UGC) Revised Scales of Pay-1996, the respondent- University issued letter dated 17.02.2001 promoting the petitioner as Associate Professor from 27.07.1998. Thereafter, the respondent University issued orders dated 22.09.2004 modifying the promotion date as 26.04.2001. Challenging the order dated 22.09.2004 she filed WP No.22039 of 2004 before this Court whereupon this Court set aside the order dated 22.09.2004 leaving it open to the respondent University, if it chooses to take action, to do so after issuance of Show Cause notice and considering her explanation. The respondent University cancelled the order dated 22.09.2004 and issued a Show Cause notice dated 04.03.2005 directing the petitioner to Show Cause as to why the excess pay of Rs.2,05,829/- should not be recovered from the petitioner on account of pay fixation from 27.07.1998 instead of 26.04.2001. The petitioner submitted her explanation on 06.04.2005. Thereafter, the impugned Order dated 06.08.2005 was passed by the respondent- University directing to recover the excess amount paid to the petitioner as reflected in the Show Cause notice dated 04.03.2005.

2. Mr. B. Krishna, learned counsel for the petitioner, while making submissions on the lines of writ affidavit, contends that there is no authority for the respondent University under the Career Advancement Scheme, or the Service Conditions stipulated for Teachers in Universities and Colleges, to discount the Extra Ordinary Leave for computing the eligible service period for promotion. Learned counsel draws the attention of the Court to the UGC Notification on Revision of Pay Scales, Minimum Qualification for Appointment of Teachers in Universities, Colleges & Other Measures for the Maintenance of Standards, 1998 .

Learned counsel Mr. Krishna would therefore contend that the order dated 06.08.2005 directing recovery of alleged excess amount of Rs.2,05,829/- by effecting the date of promotion from 17.02.2001 instead of 27.07.1998 is bad in law, and liable to be set aside.

3. Heard Ms.Hemalatha, learned counsel appearing for respondent University.

4. Learned counsel for respondent University contends that the Executive Council initially promoted the petitioner as Associate Professor w.e.f. 27.07.1998, however, later the date of promotion was modified to 17.02.2001 on the ground that the Executive Council overlooked the Extraordinary Leave taken by the petitioner. Drawing attention to the averments in the counter affidavit, learned counsel contends that the Executive Council of the University exercising its power had categorically resolved not to count extraordinary leave availed by the Lecturers on study / private affairs as active service for computing 8 / 16 years service for award of senior scale and selection grade / readership under the Career Advancement Scheme. Learned counsel would therefore contend that the Executive Council had therefore modified the date of promotion from 27.07.1998 to 17.02.2001 and directed to recover the excess amount paid for that period and therefore there is no illegality in the impugned order dated 06.08.2005.

5. I have considered the contentions of both the learned counsel, and perused the material on record.

6. Having considered the respective contentions, the grievance is in a narrow compass. The date of promotion of petitioner from Assistant Professor to Associate Professor was pushed further by almost 3 years on account of Extra Ordinary Leave availed by her when she was Assistant Professor, and the differential pay was sought to be recovered on the ground that she was unduly promoted. At this juncture, it is relevant to not