Dr. D.C. Dudi S/O Late Shri Patram ... vs State Of Rajasthan
2022 Latest Caselaw 3538 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 1873/2014



Dr. D.C. Dudi
S/o Late Shri Patram Dudi
Aged about 49 years
R/O- A-99, Padam Vihar, New Sanganer
Road, Mansarovar, Jaipur.
                                                                    ----Petitioner
                                    Versus
1.     State of Rajasthan, through Principal Secretary, Higher
       Education, Government Secretariat, Jaipur.
2.     Director College Education, Block - 4, Shiksha Sankul, JlN
       Marg Jaipur.
3.     Joint Director College Education, Block - 4, Shiksha
       Sankul, JlN Marg Jaipur.
4.     University     Grants       Commission,            Through       Secretary,
       Bahadur Shah Zafar Marg, ITO Metro Gate Number 3, New
       Delhi- 110002
                                                                 ----Respondents

Connected With S.B. Civil Writ Petition No. 8857/2015 Dr. Shashi Prabha D/o Dr. S. S. Shastri, Govt. Quarters, R-260, Museum Road, Quila Bharatpur, At Present Working As Lecturer Hindi In R. D. Govt. Girls College, Bharatpur

----Petitioner Versus

1. State Of Rajasthan, Through The Principal Secretary, Department Of Higher Education, Govt. Of Rajas, Secretariat, Jaipur

2. The Commissioner, College Education, Dr. Radha Krishnan Shiksha Sankul, J.l.n. Marg, Jaipur

----Respondents S.B. Civil Writ Petition No. 2109/2017 Jeetendra D. Soni S/o Late Shri Dharam Chand Soni, Shubhash Colony, Devipura, Jaipur Road, Sikar, At Present Working As Lecturer Geography In Govt. P.g. College, Jhalawar

----Petitioner

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Versus

1. State Of Rajasthan Through The Additional Chief Secretary, Department Of Higher Education, Govt. Of, Secretariat, Jaipur

2. The Commissioner, College Education, Dr. Radha Krishnan Shiksha Sankul, J.l.n. Marg, Jaipur.

----Respondents S.B. Civil Writ Petition No. 2110/2017 Ashok Kumar S/o Shri Jagdish Singh, 429, Krishana Nagar, Bharatpur, At Present Working As Lecturer Sociology In M.s.j. Govt. College, Bharatpur.

----Petitioner Versus

1. State Of Rajasthan, Through The Additional Chief Secretary, Department Of Higher Education, Govt. O, Secretariat, Jaipur

2. The Commissioner, College Education, Dr. Radha Krishnan Shiksha Shankul, J.l.n. Marg, Jaipur

----Respondents S.B. Civil Writ Petition No. 18347/2018 Jagdamba Prasad Chaudhary S/o Late Shri Ram Yash Chaudhary, Aged About 60 Years, Resident Of 29, New Gopal Vihar, Lane-1, Baran Road, Kota - 324001

----Petitioner Versus

1. State Of Rajasthan, Through Principal Secretary, Department Of Higher Education, Government Secretariat, Jaipur

2. The Director, College Education, Block-4, Shiksha Sankul, Jln Marg, Jaipur (Rajasthan)

3. University Grants Commission, Bahadur Shah Zafar Marg, New Delhi-110002 Through Its Secretary.

                                                                   ----Respondents





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For Petitioner(s)         :    Mr. Lokendra Singh Shekhawat
                               Mr. Ashwini Jaiman
                               Mr. Ajay Choudhary
For Respondent(s)         :    Mr. Aditya Sharma

Mr. Neeraj Batra for Mr. Randheer Pal Singh

HON'BLE MR. JUSTICE INDERJEET SINGH Order

05/05/2022

Upon hearing counsel for the parties and on perusal of the

material on record, this Court finds that the issue involved in

these petitions is whether the period during which the petitioners

served as Lecturer outside the State of Rajasthan shall be counted

for the purpose of granting selection scale & senior selection scale

under the Career Advancement Scheme. However, in the present

matters the respondents have rejected claim of the petitioners for

grant of selection scale and senior selection scale by not counting

the period of service during which they served as Lecturer outside

the State of Rajasthan.

The respective counsels appearing for the petitioners jointly

submitted that the period of service rendered by the petitioners as

Lecturer outside the State of Rajasthan shall be counted for the

purpose of granting selection scale & senior selection scale to the

petitioners under the Career Advancement Scheme and in support

of the contention relied upon the judgment passed by the Hon'ble

Supreme Court in the matter of Sharadendu Bhushan Vs.

Nagpur University, Nagpur & ors. reported in AIR 1988

Supreme Court 335, wherein it has been held as under:-

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"1. We find no basis for the finding recorded by the High Court that the University did not commit any error in denying to the appellant the benefit of the grade of the Lecturer (Senior Scale) under the scheme framed by the University Grants Commission and accepted by the Central Government by not taking into account the experience of University teaching in colleges affiliated to the Calcutta University. The High Court failed to appreciate that while framing the criteria for the placement in senior scale, the University itself used the words "Experience of University teaching up to degree classes for a period of five years". The High Court obviously fell into an error in assuming that the length of service within the University was the basis. We find it difficult to subscribe to this view on the criteria framed by the University for the purpose of Lecturer (Senior Scale) which reads :

A Lecturer shall hold at least a Master's Degree not lower than a Second Class with an experience of University teaching up to Degree classes for a period of not less than five years. Provided that there shall be an equitable distribution of such posts in different subjects.

2. The contention advanced by learned Counsel for the University based upon the averment in para 2 of the counter-affidavit that in view of the clarification made by the Additional Director of Education by his letter dt. Nov. 15, 1965, the appellant was not entitled to the benefit of the service with a college affiliated to the Calcutta University, cannot be accepted. It appears from para. 2 of the counter-affidavit that the clarificatory letter of the Additional Director of Education was with regard to determination of seniority. That was not the question before the High Court and merely because there was a break of two years service between the date of resignation of the appellant from a college affiliated to the Calcutta University and the date of his employment as a Lecturer in MM Science College affiliated to the Nagpur University, could not be regarded a continuous service for purposes of determining his seniority was no ground for denial of the higher

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grade. In terms of the criterion laid down by the University itself, a Teacher is entitled to the benefit of the higher grade if he has the teaching experience of not less than five years. The emphasis in the circular is on the experience gained by' the Teacher while in the employment of a University and not on the continuity of the service.

3. In the premises, we allow the appeal with costs. The judgment and order of the High Court are set aside. We order the Nagpur University to issue a direction to the M.M. Science College, Nagpur to accord to the appellant the benefit of the higher grade of Lecturer (Senior Scale) to which he is entitled, taking into account the period of his service in colleges affiliated to the Calcutta University."

They further relied upon the judgment passed by the Division

Bench of the Allahabad High Court in the matter of Dr. Vikas

Sharma Vs. State of U.P. & Ors. (D.B. Civil Misc. Writ

Petition No.13118/2007-decided on 06.01.2012), where in

paras No.14, 15 & 16 it has been held as under:-

14. Thus in view of the aforesaid decisions of the Hon'ble Apex Court and that of this Court, this Court has no option but to follow the dicta of the Hon'ble Apex Court, and that of this Court.

15. Since, the basic fact that the petitioner was in substantive employment as a lecturer in Tilakmanjhi Bhagalpur University, Bhagalpur, State of Bihar from 15.11.1996 to 09.05.2000 have not been disputed or controverted and therefore, the petitioner is fully entitled to claim the benefits of said service rendered in State of Bihar i.e. from 15.11.1996 to 08.05.2000 to be included in his service rendered with respondents.

16. Writ Petition No.23342 of 2009 succeeds and is allowed. The order dated 04.02.2009 (Annexure-18 to the writ petition) is quashed and a mandamus is issued to the respondents include the services of the petitioner as Lecturer outside State of U.P. from 15.11.1996 to 09.05.2000 and to grant senior

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scale/selection grade on the post of Lecturer."

Counsels for the respondents have not disputed the

judgments passed by the Hon'ble Supreme Court as well as the

Division Bench of the Allahabad High Court in the matters (supra).

In that view of the matter, all these writ petitions are

allowed. The respondents are directed to consider the period of

during which the petitioners served as Lecturer outside the State

of Rajasthan for the purpose of granting them selection scale &

senior scale under the Career Advancement Scheme. The

petitioners are directed to submit their requisite documents in the

office of the respondents within a period of one month, thereafter,

the respondents shall pass necessary orders in this regard within a

period of two months.

(INDERJEET SINGH),J

Upendra Pratap Singh/359, 361 to 364

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