The Supreme Court of India has ruled that ad-hoc service by lecturers cannot be considered for eligibility for the senior pay scale under the Career Advancement Scheme (CAS). The decision was made by a bench including Justice Hima Kohli and Justice Ahsanuddin Amanullah.
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NEW DELHI: The Supreme Court of India has ruled that ad-hoc service rendered by lecturers cannot be counted towards the eligibility for a senior pay scale under the Career Advancement Scheme (CAS). The verdict was delivered by a bench comprising Justice Hima Kohli and Justice Ahsanuddin Amanullah in the case of [Rajasthan Agricultural University, Bikaner vs. Dr. Zabar Singh Solanki and others.]
Background of the Case
The case centered on several individuals who were originally appointed as Research Assistants at Rajasthan Agricultural University, Bikaner. They were later re-designated as Lecturers and subsequently as Assistant Professors. These individuals sought benefits under the Career Advancement Scheme (CAS), which offers eligibility for a senior pay scale after eight years of service. They contended that their re-designation should qualify them for these benefits.
Legal Issues
The central legal issue in the case was whether the period of service completed by Research Assistants, who were subsequently re-designated as Lecturers and then as Assistant Professors, should be counted towards fulfilling the eight-year service requirement under the Career Advancement Scheme (CAS). The respondents argued that, given their re-designation to permanent academic roles, they should be eligible for the same benefits under CAS as those who were directly appointed as Assistant Professors. They maintained that their service, even though initially in a different capacity, should be recognized as qualifying for the senior pay scale benefits provided by the CAS.
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Supreme Court’s Decision
The Supreme Court reversed the Rajasthan High Court’s ruling, which had been in favor of the respondents. The apex court clarified that the Career Advancement Scheme (CAS) benefits are specifically designed for individuals who have completed eight years of service following a regular appointment as Lecturers or Assistant Professors. The court emphasized that service under re-designation does not qualify as a regular appointment. It pointed out that the CAS benefits are not applicable to those whose service was initially in ad-hoc or temporary positions, even if they were later re-designated to permanent roles.
Key Points from CAS Observations:
- Benefit Extension: “If the goal was to extend benefits to both cadres, there would have been no need to restrict eligibility to those with eight years of service following a regular appointment.”
- Eligibility Restriction: “The CAS specified that benefits were limited to individuals who had completed 8 years of service after their regular appointment.”
- Re-designation Limitations: “Re-designation is not considered a regular appointment; it merely aligns one post/category/cadre with another existing one.”
Parties Involved
- Lawyers: The appellant was represented by senior counsel, while the respondents had multiple legal representatives, including Smt. Nilam Singh and Mrs. Sunita Singh.
- Appellant: Rajasthan Agricultural University, Bikaner
- Respondents: Dr. Zabar Singh Solanki and others, totaling 54 respondents in the primary case
- Bench: Justice Hima Kohli and Justice Ahsanuddin Amanullah
