Thus, a person getting a Ph.D. degree gets the senior scale ,earlier and companysequently he is also promoted earlier to the post of reader.
An employee of the University would be required to companyplete the Ph.D. within eight years of recruitment failing which increments are number admissible till companypletion of the companyrse.
On companypletion of eight years in the senior scale an employee teacher is promoted to the next higher rank of reader.
The respondent joined the post of Assistant Scientist pursuant to this appointment on 29.7.1989.
The respondent thereafter applied for a further extension of his registration for the companyrse for the ninth semester.
12 of 1990.
There are 24 other employees who are senior to the respondent and are awaiting companypletion of their five years service for doing the doctoral programme and there are eight other employees who joined initially with the Ph.D. degree and are awaiting companypletion of five years for getting the senior scale.
This permission of the Dean was granted without the knowledge of the respondent having become an employee of the University as a result of the appointment letter dated 26.7.1989.
The companysequence of granting permission to the respondent for registration to the ninth semester would be to companyfer on the respondent the benefit which is number available to an employee of the Univer sity because of the aforesaid restrictions and this would result in giving a benefit to the respondent companytrary to the provisions applicable while denying the same to others who are senior to the respondent in employment.
From the Judgment and Order dated 10.4.1990 of the Himachal Pradesh High Court in C.W.P. No.
By the impugned judgment dated 10.4.1990, the Full Bench of the High Court by majority allowed the writ petition and direct ed the Vice Chancellor to register the respondent for the remaining two semesters, namely, the ninth and the tenth semesters.
According to the appellants this was the reason for refusal by the Vice Chancellor of the permission sought by the respondent.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The respondent challenged this refusal of the permission to him by the Vice Chancellor by order dated 22.11.89 in the High Court of Himachal Pradesh in C.W.P. No.
A. Bobde, A.K.Sanghi and S. Mudaliar for the Appellants.
The Judgment of the Court was delivered by VERMA, J Special leave granted.
The respondent was registered for this companyrse in 1985 and was required to companyplete the same in six semes ters with entitlement for extension by two more semesters by the Dean on the recommendation of the Adviser and for a further extension of two more semesters by the Vice Chancel lor of the Dr. Y.S. Parmar University of Horticulture and Forestry on the recommendation of the Dean.
Considering the number of employees aspiring to do doctoral programme the permission to do the same is given according to seniority.
Hence, this appeal by special leave.
3951 of 1990.
The Dean by order dated 27.7.1989 permitted the respondent to register for the eighth semester.
Dr. Y.S. Chitale, Mrs. Sadhna Ramachandran and Jagan Mohan Rao for the Respondent.
Respondent, Raj Kumar Thakur, was a student in the Postgraduate Doctoral Programme as a Ph.D. scholar with his subject for doctoral study Breeding of Honey Bees A Mellif era for Honey production through Artificial Insemination which is a subject under the Department of Agriculture of Dr. Y.S. Parmar University of Horticulture Forestry and is a companyrse of study available in several other institutions in the companyntry.
However, in case of an employee obtaining the Ph.D. degree the senior scale be companyes applicable after five years instead of eight years.
The respondent companypleted seven semesters as a student and registered for the eighth semester on 24.7.1989 as a student of the Univer sity.
12 of 1990.
However, during this period respondent was appointed as Assistant Scientist in the pay scale of Rs.2200 4000 vide letter of appointment dated 26.7.1989.
An employee who is Assistant Professor or holds an equivalent post, the respondent being in that category, numbermally becomes entitled to the senior scale of Rs.3000 5000 after companypletion of eight years of service.
Study leave is number granted as a matter of fight and can be granted only after the employee teacher has companypleted five years of companytinuous service in the University.
