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The Management of Ram Lal Anand College Vs. the Workman Sh. C.L. Yadav ...

Court : Delhi

Reported in : 2006(87)DRJ731; 2006(3)SLJ251(Delhi)

..... learned counsel submitted that regulation 70(8) of the university non-academic staff employees regulations did not permit a charged employee the right to representation by some defense assistant working outside the college or institution concerned. ..... the workman also took the plea that he was not permitted to engage a defense representative and the rules applicable for the conduct of enquiry into charges against non-academic employees of the university were violated thus resulting in prejudice. 9. ..... right of representation was regulated by the standing orders which permitted a clerk or a workman working with him in the same department to represent him and this right stood expanded on sections 21 and 22(ii) permitting representation through an officer, staff-member or a member of the union, albeit on being authorised by the state government. .....

Dr.R.Prabhaakaran Vs. University of Madras.

Court : Chennai

..... contention was opposed by the learned counsel for the petitioner, on the ground that university grants commission regulations of 2000 stands superseded by, university grants commission regulations on (minimum qualifications for appointment of teachers and other academic staff in universities and colleges and measures for the maintenance of standards in higher education) regulation 2010. ..... a minimum score as stipulated in the academic performance indicator (api) based performance based appraisal system (pbas), as set out in this regulation in appendix iii for direct recruitment of professors in colleges. .....

Narendra Manoharrao Ambadkar and ors. Vs. State of Maharashtra and ors ...

Court : Mumbai Nagpur

..... learned assistant government pleader has produced all india council for technical education (pay scales, service conditions and qualifications for the teachers and other academic staff in technical institutions (diploma) regulations, 2010 issued under notification dated 5th march 2010. ..... 'ble apex court has observed that "so far as this category of respondents is concerned, it is a dying cadre, and even if in terms, they are not entitled to grant of ugc scale which can only be made applicable in case of a teaching staff serving in the colleges run by the university, we find no justification so far as the respondents are concerned, not to allow them the benefit of the pay-scale at least equivalent to the post of assistant professors." 25. ..... in this situation, mere communication from the aicte stating the workshop superintendent is equal in cadre of head of department or then their inclusion in aicte norms of august, 1990 in table 10 as a part of teaching staff along with the head of department, senior lecturer (selection grade) or trainee and placement officer, does not by itself entitle them to the scale of head of department. ..... on 22.11.1993 state government has modified these requirements and noted that its resolution would be applicable to existing technical staff such as principal, heads of department, selection grade/ senior lecturers/ lecturers who were appointed by competent authority prior to 20.09.1989 by exempting them from acquiring revised educational qualifications. 19 .....

The Telugu Academy Represented by Its Director and anr. Vs. Telugu Aca ...

Court : Andhra Pradesh

Reported in : 2002(4)ALT346

..... the learned counsel would highlight that the apex body of the telugu academy presided over by a person no other than the chief minister of the state had recommended the pay scales admissible to the academic staff of the telugu university to the academic staff of telugu academy also and such a reasonable recommendation made by such apex body of the academy should bind the government and it is not permissible for the government to reject such recommendation. ..... before proceeding to consider the above question, it needs to be emphasized at the threshold that in the first place the question whether the duties and functions performed by the academic staff of the academy are similar to the duties and functions performed by the academic staff of the telugu university is an incidence of fact and any findingthat may be recorded on such question should be only after permitting the parties to adduce evidence and tendering parties for cross-examination by each other ..... at this stage itself, it needs to be noticed that during the pendency of the writ appeal, this court by an interim order dated 2.9.1998 directed the respondents to consider the representation of the academic staff of the academy and at the time of hearing it was brought to our notice by the learned government pleader for higher education that as permitted by this court, the government considered the representations of the petitioner society and .....

Arjun Ganpatrao Mahajan Vs. the Punjabrao Krishi Vidyapeeth and anr.

Court : Mumbai

Reported in : 1996(2)BomCR120

..... in mind the above background about the service set-up and the duties and functions discharged by the members of the academic staff in the agricultural university and in affiliated colleges as well as the members of the academic staff in the non-agricultural university and the colleges affiliated to it, we proceed to consider the contentions raised on behalf ..... affiliated to the nagpur university was governed by separate set of conditions of service and although the age of retirement for the academic staff of the nagpur university and the non-government affiliated colleges was 60 years under the separate rules applicable to them, the age of retirement for the academic staff of the government affiliated colleges was 58 years.13. it is next necessary to see that there is university grants commission ( ..... science, commerce and education in the non-agricultural universities laid down 60 years of age as one of the conditions of service for the university and the college teachers that the academic staff in the government colleges pressed their demand for uniformity in age of retirement, thus claiming that their age of retirement should also be 60 years. 23 ..... . therefore, even assuming that the government service rules as revised from time to time can be made applicable to the academic staff in the agricultural universities to whom there is a guarantee about their conditions of service when they were in the government service, it cannot be said that their age of retirement is 60 years, in view .....

i.i.T. Kanpur Vs. Umesh Chandra and ors.

Court : Supreme Court of India

Reported in : [2006(110)FLR420]; JT2006(5)SC326; 2006(5)SCALE182; (2006)5SCC664

..... that the case of the appellant was an unique one and as there was no ladder for promotion for him which facilities were otherwise available to the academic staff and non- academic staff, the representation as regard scale of pay having regard to the unique position was considered on the premise that no such post was available. ..... 16400-450-20000 as a special case.the committee further recommended that since the board had approved a one time personal promotion scheme for non academic staff with effect from 26.9.1996, he could at the most be considered for assessment promotion with effect from the said date and the assessment exercise be ..... even in brochure, annexure-22 and websites for the year 2005, annexures - 23 and 24 to the writ petition, his name is included in the list of academic staff.as regard the functions of the first respondent, the appellant has categorically stated:the services of the petitioner were utilized mainly in the gliding and soaring center at the respondent ..... , professor, associate professor, assistant professor, lecturer, workshop superintendent, associate lecturer, assistant lecturer/instructor, scientific officer, research assistant, librarian, deputy librarian and such other academic posts as may be decided by the board; whereas the technical staff included farm superintendent, foreman, supervisor (workshop), mechanic, farm overseer, horticultural assistant, technical assistant, draftsman, physical training instructor and such other technical posts as may .....

T.C. Sharma (Dr.) Vs. Lt. Governor and ors.

Court : Delhi

Reported in : 1999VIAD(Delhi)741; 82(1999)DLT289

..... thus that: (i) scert is not an instrumentality of the state, thereforee, not amenable to writ jurisdiction; (ii) that the order of the ministry, dated 27th july, 1998 followed by notification of ncert do not apply to the academic staff of scert, because the academic staff of the scert is not governed by ugc pattern; (iii) that the petitioner cannot take any advantage of the term and condition including tenure of service applicable to the ..... which consists mainly of various government officials and also includes senior fellow from niepa, director ncert or his nominee and nominated members by secretary (education) delhi administration from amongst the academic staff of directorate of education, delhi administration, delhi university, ncert, niepa, jnu, jamia millia islamia, cbse & ministry of human resource development. ..... dated 30.9.1998 regarding the revision of pay scales of university teachers on the recommendation of the central pay commission, the age of retirement of academic staff governed on the ugc pattern as per the provision in regulation 41 of the council has been enhanced from 60 years to 62 years w.e.f ..... the terms and tenure of service of the academic staff at the council shall remain the same as available for the academic staff of the national council of educational research ..... as to why the petitioner cannot be accorded the benefit of enhanced age, the scert has taken the plea that its academic staff is not covered by ugc pattern, hence not entitled to retire at 62 years. .....

Dr. T.J. O'Brien Vs. the University of Delhi and Ors.

Court : Delhi

Reported in : 2004(74)DRJ723

..... is to be noted that pertaining to school of correspondence courses and continuing education, a specific power is vested in the governing body of the said college to suspend or terminate the services of the academic staff, subject to the approval of the executive council but no such power is vested in the governing body under ordinance xx-b dealing with deshbandhu college or pertaining to the other colleges with which ordinance xx ..... to note that under clause 4 of ordinance xx b, power to appoint, suspend and terminate services of non academic staff of the college is vested in the governing body, but relating to the principal and teaching staff, only power to appoint is vested and that too after the prior approval of the executive council. 31. ..... appoint, suspend or terminate the services of the administrative and other non-academic staff and to determine their emoluments and conditions of service; provided that the qualifications for appointment, emoluments and conditions of service of such persons shall be in accordance with those laid down by the executive council for similar posts in the university; (f) to appoint the principal and the teaching staff on the recommendations of the selection committee appointed for the purpose, subject to ..... the school of correspondence courses and continuing education, the governing body of the said school has been empowered to suspend or terminate the services of the academic staff of the school after obtaining the approval of the executive council. .....

M.R. Sannaramegowda Vs. University of Mysore

Court : Karnataka

Reported in : ILR1993KAR454

..... staff of department of library cannot be equated to the academic ..... staff of the library section as academic staff ..... the reference made by the petitioners including the letters of the government and the vice chancellor recommending to extend the pay scale of teachers to some of the officers of the staff have no statutory force to contend that the staff of the library department is entitled to serve till they attain the age of 60 years.the reliance placed by the petitioners on the decision of the supreme court in ..... academic ..... learned counsel for the petitioners, when physical education teacher is treated on par with teachers of the university, the same benefit shall be given to the staff of the library.the contention of the learned counsel is that when the functions of staff of library and the teacher of the university are similar, treating them in different category fixing the age of superannuation at 58 years and 60 years ..... in support of their contentions, the learned counsel for the petitioners placed reliance on the following decisions:for the proposition that once the age of the staff of library is fixed on par with the university teachers and allowed to serve as such, the same should not have been altered to 58 years as has been done in the ..... library staff and university teachers are different and distinguishable positions:teacher not only teaches his students, but also participates in other academic activities like examiner, evaluator, contesting to academic .....

Mohd. Tahir Siddiqui and anr. Vs. the Vice Chancellor J.M.i. and ors.

Court : Delhi

Reported in : 140(2007)DLT744

..... ordinances, the majlis'i' muntazimah (executive council) shall, in addition to all other powers vested in it, have the following powers, namely:(i) to create teaching and academic posts, to determine the number and emoluments of such posts and to define the duties and conditions of service of professors, readers, lecturers and other academic staff and principals to institutions and schools:provided that no action shall be taken by the majlis 'i' muntazimah (executive council) in respect of the number, qualifications and ..... (ii) to appoint such professors, readers, lecturers and other academic staff, as may be necessary and principals of institutions on the recommendations of the selection committee constituted for the purpose under statute 25 and to fill up temporary vacancies therein; a perusal of the above quoted provisions of the act does go to support ..... the majlis 'i' muntazimah can lay down qualifications for the post of professors, readers, lecturers and other academic staff provided it does so after consideration of the recommendations of the majlis 'i' talimi (academic council). ..... . the question which arose in this case was whether the regulations which lay down the qualifications by the university grants commission for a person to be appointed to the teaching staff of a university and institutions affiliated to it were valid and mandatory and the university or the institution were bound to comply with the qualification so laid down .....