Judgment · High Court · 2012

Heard Mr. Sikdar, learned counsel for the petitioners and Mr. Abedin, le arned standing counsel Education Department appearing for the respondents. The petitioners, who were initially appointed on various dates between t he years 1991 to 1996, by this writ petition have claimed a direction to the res pondent authorities for their placement as Lecturer (Sr. Scale) and thereafter a s Lecturer (Selection Grade), pursuant to the notification issued by the All Ind ia Council for Technical Education (AICTE), which provides for placement of the eligible lecturers in the senior scale and then in the selection grade on comple tion of requisite years of services. Mr. Sikdar, learned counsel for the petitioners has submitted that since Clause 9.1 of the AICTE notification provides that for the purpose of counting the completed years of service as lecturer the duration of service in an adhoc a ppointment is also required to be taken into consideration, the petitioners’ cas e for placement as Lecturers (Sr.

Scale) and thereafter Lecturers (Selection Gra de) has to be considered with effect from the date of their initial appointment and not from the date when their services were regularized vide order dated 12.0 2.2004. Mr. Sikdar, learned counsel, therefore, submits that necessary direction may be issued to the respondent authority to place the petitioners as Lecturers (Sr. Scale) on completion of 6(six) years of service from their respective date s of initial appointment on adhoc basis and thereafter as Lecturers (Selection G rade) on completion of total 11(eleven) years from the respective dates of adhoc appointment. Mr. Abedin, learned standing counsel Education Department referring to t he averments made in the affidavit-in-opposition filed by the respondent Nos.1 a nd 2 has submitted that the petitioners’ case for placement as Lecturers(Sr. Sca le) and the Lecturers(Selection Grade) could not be considered with effect from their respective initial dates of appointment on adhoc basis on the ground that they did not fulfill the criteria stipulated in Clause 9.1(b) of the AICTE circu lar, which provides that the period of adhoc appointment would be taken into con sideration, if the incumbents were appointed on the recommendation of a Selectio n Committee constituted in accordance with the prescribed selection procedure.

I n the instant case, according to the learned standing counsel, the petitioners w ere appointed on adhoc basis without there being any sort of selection. The lear ned standing counsel, however, has submitted that the petitioners’ case for plac ement in Lecturers (Sr. Scale) would be considered with effect from the date whe n they completed 6(six) years of service from the date of their regularization i .e. 12.02.2004. It is not in dispute that the petitioners were appointed as Lecturers on adhoc basis on various dates between the years 1991 to 1996. They were appointe d on adhoc basis without initiating any selection process. The petitioners’ serv ice, however, was subsequently regularized by virtue of the Cabinet decision vid e order dated 12.02.2004. Clause 8.2 of the AICTE notification provides that the Lecturer will be eligible for placement as Lecturer (Sr. Scale), through a process of selection, if he/she has completed 6(six) years of service after regular appointment as a L ecturer, with relaxation of 2(two) years for those with Ph.D. and one year for t hose with M.Phil/M.E./ M.Tech.

Clause 8.3 provides that a senior Lecturer/Lectur er (Sr. Scale) who has a Master’s degree and 5(five) years experience as senior Lecturer or Lecturer (Sr. Scale), and has consistent satisfactory performance ap praisal reports will be eligible to be placed as Lecturer (Selection Grade), sub ject to the recommendation of the Selection Committee. the tenure of such appointment was one year or more than one year, witho Clause 9.1 stipulates that the duration of the service in a temporary ca pacity/contract appointment/ adhoc appointment/leave vacancy can be counted for promotion to Sr. Scale/Selection Grade, subject to fulfillment of the following 4(four) conditions:- (a) ut any break; the incumbent was appointed on the recommendations of a Selection Commit (b) tee constituted in accordance with the prescribed selection procedure as laid do wn by concerned Board of Governors/Institution’s regulations/ Directorate of Tec hnical Education/ State Government/Central Government; (c) y AICTE for appointment as Lecturers; (d) the incumbent was selected to the regular post in continuation of servic e in a temporary capacity/ contract appointment/adhoc appointment/leave vacancy without any break. the concerned Lecturer possessed the minimum qualifications prescribed b One of the conditions for counting the period of adhoc employment, there fore, is that the incumbent must be appointed on the recommendation of the Selec tion Committee constituted in accordance with the prescribed selection procedure . It is not disputed that the petitioners were initially appointed on adhoc basi s without undergoing any selection process.