Court No. - 21
Case :- SPECIAL APPEAL DEFECTIVE No. - 454 of 2018 Appellant :- Mohd. Ehsan Respondent :- Aligarh Muslim University And 3 Ors Counsel for Appellant :- Hemant Kumar Counsel for Respondent :- Shashank Shekhar Singh
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
This appeal is barred by limitation from 74 days. Ignoring the same, we have examined merits of the case.
This appeal is before us to examine correctness of the order dated 12.04.2018 passed by learned Single Bench in Writ-A No. 9824 of 2018.
The factual matrix necessary for adjudication of this appeal is that the appellant-petitioner while working as Lab Attendant with Aligarh Muslim University, Aligarh (hereinafter referred to as "respondent-University") was awarded 1st Upward in regular pay-scale on 01.01.1986. As per the decision taken by the respondent-University, he was entitled to have 2nd Upward, i.e., pay-scale pertaining to his promotional post on completion of 9 years of service in first upgraded pay-scale. The pay-scale aforesaid was allowed to the petitioner subject to approval from University Grants Commission (hereinafter referred to as "UGC"). The respondent-University under an order dated 15.12.2009 withdrew the same.
A challenge was given to the order aforesaid in the year 2016 with submission that no reason exists for withdrawal of the 2nd Upward granted by the respondent-University as per the scheme applicable.
Learned counsel for the respondents states that, as a matter of fact, the 2nd Upward in the pay-scale was allowed to the appellant-petitioner under the order dated 28.04.2008 by availing a specific undertaking to the effect that benefit given will be withdraw in case UGC does not approve the same. The appellant acted upon the condition aforesaid and the respondent-University withdrew the 2nd Upward only on the count that the same was not approved by the UGC.
In view of the factual position noticed above, we do not find any wrong with the order passed by learned Single Bench.
The appeal is dismissed.
Order Date :- 30.7.2018 Shubham .
(Chandra Dhari Singh, J.) (Govind Mathur, J.)