'Redesignation Not Regular Appointment' : Supreme Court Denies CAS Relief To Research Assistants Designated As Lecturers

The Supreme Court has held that those redesignated from Research Assistant to Lecturer and subsequently as Assistant Professor cannot be considered as regular appointments to extend the benefits of the 'Career Advancement Scheme' (CAS).The bench of Justices Hima Kohli and Ahsanuddin Amanullah said: “...the very usage of the term/phrase “regular appointment” has to be given its proper interpretation and cannot be rendered redundant or superfluous. Here, there is a distinction between re-designation and regular appointment. Redesignation cannot be said to be a regular appointment as it is only that one post/category/cadre which is given equivalence with another existing post/category/cadre, but the basic distinction would still lie that the re-designated post/category/cadre would always be considered to be an equivalent post of Lecturer/Assistant Professor, whereas the other/mainline cadre would always be considered to comprise only of direct recruits.”As per the CAS notified on July 22, 1988 by the Union Government, a revision in the pay scale of teachers in the universities and colleges was made with effect from January 1, 1986. Every lecturer was placed on a senior scale of Rs. 3000-5000 if the person had completed eight years of service after a regular appointment. In the instant case, respondents no. 1 to 54 were deprived of the benefit of the scheme as they were 'designated' as Assistant Professors from the position of Research Assistant.On September 7, 1977, the University of Udaipur (later bifurcated as Rajasthan Agricultural University) designated teachers holding the post of Junior Lecturers or equivalent post as Lecturers in terms of a notification dated July 2, 1974. Thereafter, respondents were designated as Lecturers. Subsequently, they were designated as Assistant Professors and were given the same pay scale as given to Assistant Professors. Subsequently, the Rajasthan government implemented the CAS. Consequently, the Rajasthan Agricultural University in the Board of Management meeting dated November 24, 1988 resolved to give the revised UGC pay scales to Lecturers and Research Assistants. It further resolved to designate Lecturers and Research Assistants as 'Assistant Professors'. However, it was decided that persons directly appointed as Assistant Professors would rank senior to those designated as Assistant Professors. This decision was confirmed in subsequent meetings. The Rajasthan Agricultural University issued a notification dated May 4, 1989 stating that those selected Lecturers and Research Assistants would be designated as Assistant Professors with effect from January 1, 1973. A request was made to the Rajasthan government to approve the November 24 resolution. In anticipation of the approval, the university notified the rules for implementing the CAS on November 22, 1990. In another Board Meeting on July 29, 1991, it was resolved that if a Research Assistant or Lecturer had been selected as Assistant Professor by the Statutory Selection Commission (SSC), then his service period shall be counted from the date of selection. Later, the Rajasthan government on March 27, 1991 wrote to the university directing that the resolution designating Research Assistant and Lecturer as Assistant Professor be rescinded and only extend the benefit of the CAS to those Assistant Professors directly selected after regular selection by the SSC. Resultantly, respondents were deprived of the benefits of the scheme. The respondents approached the Rajasthan High Court of Rajasthan, where a single judge allowed their petition. This was affirmed by the division bench of the High Court on January 20, 2011. The government has now challenged it before the Supreme Court. The Rajasthan Agricultural University has argued before the court that respondents were 'designated' and not appointed on a regular basis as Assistant Professors. It was contended that the definition of “teacher” specified in Section 2(ix) of Rajasthan Universities Teachers and Officers (Selection for Appointment) Act, 1974 cannot be extended to Research Assistants because it is a distinct grade although the pay is the same. As opposed to this, the respondents argued that they are covered within the definition of teacher. It was pointed out that the scheme does not state that those designated as Lecturers cannot be provided with the benefit of the scheme. The Supreme Court, in this case, noted that in the earlier orders passed by this court, it had already been stated that “Research Assistants and Lecturers are separate and distinct cadres” and “they need not to be brought on a common seniority list only on the grounds that both enjoy the same pay scale as recommended by the University Grants Commission”.The court stated that the single judge of the high court erred in this case in making a distinction between the earlier orders passed by the Supreme Court which was specifically with regards to the senior and the existence of a distinct cadre....

'Redesignation Not Regular Appointment' : Supreme Court Denies CAS Relief To Research Assistants Designated As Lecturers

Gursimran Kaur Bakshi

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'Redesignation Not Regular Appointment' : Supreme Court Denies CAS Relief To Research Assistants Designated As Lecturers

Gursimran Kaur Bakshi

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