Surender Dahiya v. State Of Haryana & ORS

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** Date of Decision : 16.1.2024 Dr. Surender Dahiya ..... Petitioner versus State of Haryana and others ..... Respondents CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present: Mr. S.K. Malik, Advocate, for the petitioner
    
     

  --- TRIBHUVAN DAHIYA J. (ORAL):

CM No.14867 of 2023 Application is allowed. Copies of Judgments/orders are taken on record as Annexures P-30 to P-35.

CM No.14868 of 2023 This is an application for disposal of the present petition. Notice of the application.

Learned counsel for the respondents accept notice. With the consent of the parties, the date of hearing of the main case is advanced to today and the same is taken-up on Board. Application stands disposed of.

 !

"       !

  

-2- !                    !   

  #!$   %& '(%  )* +,((

'(,  " 
   

 

    
     

        " !

- In the present case, perusal of the instructions dated 29.3.2013 (Annexure R-8) shows that with respect to counting of past service benefit, clarification was sought from the Government that whether previous regular service at national or International as Assistant Professor, Associate Professor or Professor or equivalent in a University, College, National Laboratories or other scientific/ professional organisations such as the CSIR, ICAR, DRDO, UGC, ICSSR, ICHR, ICMR, DBT etc. funded by State/Central Government should be counted for direct recruitment and promotion under CAS of a teacher as Assistant Professor, Associate Professor, Professor or any other nomenclature. It has been clarified that no distinction should be made whether previous service was rendered in a private local body or Government.

Hence, in the present case the judgment of Amita Rani's case (supra) is directly applicable to the case of the petitioner where the University has protected the pay of the petitioner and the pay protection has also been granted in view of the instructions dated 29.3.2013 (Annexure R-8), the benefit of past service cannot be denied for the purpose of Career Advancement Scheme as per the notification dated 30.1.2004 (Annexure P-10). The writ petition is allowed. The respondent-University is directed to grant the benefit to the petitioner and inform this Court within four months.

 

     

"  +(.%'   '(%  " 
 

  

     !

            



  "  #!$   %& '(%/$

! !!0  1  %2 '

3

4! 53( 3 /        ""/ $ 

-3- #!$   %& '(%      "       / 

 $(2 '', $ "    7  !" / "" 8! "0   (TRIBHUVAN DAHIYA) JUDGE 16.1.2024 Aw Whether speaking/reasoned: Yes/No Whether reportable:

Yes/No