Case Note & Summary
The petitioner, Arti G. Daptardar, a Lecturer in Statistics at D.G. Ruparel College of Arts, Science and Commerce, Mumbai, filed a writ petition seeking regularization of her services from the initial date of appointment i.e., 05.07.1993, and consequential benefits under the Career Advancement Scheme (CAS). She was initially appointed on probation after responding to an advertisement issued by the college. Her appointment was approved by the University of Mumbai. Despite her long service, the college and the university did not regularize her services from the initial date, leading to the petition. The court examined the facts and found that the petitioner's appointment was made after following the due process and was approved by the university. The court held that once the appointment is approved, the employee is entitled to be treated as a regular employee from the initial date of appointment. The court directed the respondents to regularize her services from 05.07.1993 and to consider her case for grant of CAS benefits from the date she became eligible. The court also directed the respondents to fix her pay scale accordingly and grant consequential benefits.
Headnote
A) Service Law - Regularization of Services - Initial Appointment Date - The petitioner, a lecturer appointed on probation, sought regularization from the date of initial appointment i.e., 05.07.1993. The court held that since the appointment was made after following due process and was approved by the university, the petitioner is entitled to be treated as a regular employee from the initial date of appointment. (Paras 1-10) B) Career Advancement Scheme - Benefits - The petitioner claimed benefits under the Career Advancement Scheme (CAS) as per UGC Regulations. The court directed the respondents to consider the petitioner's case for grant of CAS benefits from the date she became eligible, treating her as a regular employee from the initial appointment date. (Paras 11-20) C) University Grants Commission - Regulations - Approval of Appointment - The court emphasized that once the university approves the appointment of a lecturer, the appointment is deemed regular and the employee is entitled to all consequential benefits. (Paras 15-18)
Issue of Consideration
Whether the petitioner, a lecturer appointed on probation, is entitled to regularization of her services from the initial date of appointment and consequential benefits under the Career Advancement Scheme.
Final Decision
The court allowed the petition and directed the respondents to regularize the services of the petitioner from the initial date of appointment i.e., 05.07.1993 and to consider her case for grant of Career Advancement Scheme benefits from the date she became eligible, with consequential benefits.
Law Points
- Regularization of services
- Career Advancement Scheme
- University Grants Commission Regulations
- Approval of appointment by university
- Pay scale fixation
