IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 5447 of 2009 Shashi Prabha, wife of R. P. Sinha, resident of Kadamkuan, Opposite Angan Apartment, Near Congress Maidan, Police Station – Kadamkuan, District – Patna ……………….. Petitioner Versus 1. Patna University through its Vice-Chancellor, Ashok Raj Path, Patna 2. Vice-Chancellor, Patna University, Ashok Raj Path, Patna 3. Registrar, Patna University, Ashok Raj Path, Patna ……………………… Respondents ---------------------------------- 03. 20.09.2011 Heard learned counsel for the petitioner and the counsel appearing for the University. Petitioner’s prayer is for a direction to the Vice-Chancellor of the Patna University to consider her past service from 31.08.1984 to 26.06.2007 as Project Officer under the Centre for Adult Education Programme as a continuous service in Patna University for the purpose of determination of her pension, gratuity and leave encashment etc. and also for fixation of her salary. Petitioner is desirous of such benefit on the ground that as a Project Officer also she had worked under the Patna University till 25.06.2003 and without there being any break in service with effect from 25.06.2003 till the date of her retirement, she continued on the teaching post in the Patna University. Admittedly, the petitioner was appointed 2 as a Project Officer in the Department of Adult Education on 01.09.1984. This was the UGC Project, which was being handled by the Department of Adult Education under the Patna University. Subsequently, the petitioner was appointed as permanent Lecturer, selected in pursuance of an advertisement. The petitioner thereafter was selected for the post of Principal by the Selection Committee, taking into account of her total teaching experience as a Lecturer as well as the Project Officer. Due to this, the petitioner is claiming that her pension and pensionary benefits should also be fixed, counting her entire service period as a Project Officer, as well as a Lecturer and Principal. The reason behind such prayer of the petitioner is that once her entire service period has been counted for the purpose of her selection to the post of Principal, it will be deemed that her services, which are in two parts, one as a Project Officer and another as a Lecturer, should in fact, be treated as continuous service. In support of this contention, counsel for the petitioner has submitted that while working as a Project Officer, she availed the similar benefits, available to a Lecturer. Her post was considered equivalent to the Lecturer and that 3 was the reason that she was allowed to guide Ph.D candidates. Counsel appearing for the University has submitted that petitioner in fact has worked as teaching employee of Patna University since 25.03.2003, being selected in a open selection process. If the previous service as Project Officer and subsequent appointment as a Lecturer would have been a continuous service, there was no occasion for her to face a fresh selection process. Once she has been appointed as Lecturer after fresh selection process it amounts to a fresh appointment, which was done on 25.06.2003. She can claim her seniority for all purposes including fixation of pension and fixation of salary on the basis of this date only. So far previous service of the petitioner is concerned that was under the UGC Scheme. It was not a regular University’s service under Patna University, the claim of the petitioner as such can not be allowed. Counsel for the petitioner has placed reliance on statute for career advancement in Clause 10.2. Counsel appearing for the University submits that provisions under the statute have no application in the matters of the relief prayed by the petitioner. The 4 object and purpose of that statute is completely different than the relief prayed by the petitioner. On consideration of the legal as well as factual aspect I find that the petitioner can not claim continuity of service since 1984 till the date of her retirement, for the reason that her previous service was not under the Patna University. She joined regular service under University on 25.06.2003 and that can only be a date on the basis of which her length of service under Patna University can be counted. Her salary as well as pension can be fixed considering her length of service with effect from the date she joined as Lecturer in Patna University. For the reasons stated above, I do not find any merit in this Writ Application. It is, accordingly, dismissed. SKM (Mridula Mishra, J.)