Case Note & Summary
The petitioner, Dr. Mirza Intekhab Akbar Baig, was appointed as a Junior Research Assistant on 30.05.2006 at Vasantrao Naik Marathwada Krishi Vidyapeeth, Parbhani. He was selected as Senior Research Assistant on 27.09.2007 and worked until 02.08.2011. On 03.08.2011, he was temporarily promoted as Assistant Professor for 11 months under Statute 74 of the Maharashtra Agricultural Universities (Krishi Vidyapeeths) Statutes, 1990, based on seniority, merit, educational qualification, and annual confidential reports. He continued on the same post thereafter. In 2018, the University issued a permanent appointment order as Assistant Professor but did not count his service from 03.08.2011 to 21.06.2015. The petitioner sought directions to participate in the promotional process for Associate Professor by invoking Article 226 of the Constitution of India. The Court considered the factual matrix and the relevant statutes. The Court held that since the petitioner was temporarily promoted on merit and the University failed to complete the selection process within 11 months as per Statute 75, the petitioner's service from the date of temporary promotion should be counted for eligibility to the post of Associate Professor. The Court directed the respondents to consider the petitioner's case for promotion to Associate Professor by counting his service from 03.08.2011.
Headnote
A) Service Law - Promotion - Temporary Promotion - Regularisation - The petitioner was temporarily promoted as Assistant Professor for 11 months under Statute 74 of the Maharashtra Agricultural Universities (Krishi Vidyapeeths) Statutes, 1990, and continued on the same post. The University later issued a permanent appointment order but did not count the service from 03.08.2011 to 21.06.2015. The Court held that the petitioner's service from the date of temporary promotion should be considered for eligibility to the post of Associate Professor, as the temporary promotion was based on merit and the University failed to complete the selection process within 11 months as per Statute 75. (Paras 3-10)
Issue of Consideration
Whether the petitioner, who was temporarily promoted as Assistant Professor and later regularised, is entitled to count his service from the date of temporary promotion for eligibility to the post of Associate Professor.
Final Decision
The Court allowed the writ petition and directed the respondents to consider the petitioner's case for promotion to the post of Associate Professor by counting his service from 03.08.2011.
Law Points
- Article 226 of the Constitution of India
- Statute 74
- Statute 75 of the Maharashtra Agricultural Universities (Krishi Vidyapeeths) Statutes
- 1990
- Promotional benefits
- Temporary promotion
- Regularisation of service
