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Asmat   07 May 2024

Promotion under career advancement scheme

1. I joined a private institute as lecturer on regular basis in Aug 2008.

2.Before joining this institute I had regular experience of lecturer of 6 yrs from 2002 to 2008. After 5 yrs I was promoted as senior lecturer in 2007.

3.In Aug 2008 when I joined the new institute they gave me three advance increments keeping in view my past experience and for payment protection. 

4. After 22 years of my regular service (6 past+ 16 present) this institute has not given me a single promotion under CAS i.e career advancement scheme which is for time bound promotion.

5. There was no break in my service...I got relieved in afternoon and joined forenoon in my present institute.

6. I completed my Ph.d in 2017....till now I would have been promoted to professor...

Can I file a case in court for spoiling my career

 

 



Learning

 16 Replies

T. Kalaiselvan, Advocate (Advocate)     07 May 2024

The Career Advancement will be allowed after analyzing merits and credentials of the teacher based on weightage given to the performance of the candidate in different relevant dimensions and his/her performance on a scoring system proforma based on Academic Performance Indicators (API) and Performance Based Appraisal System (PBAS) methodology. Expert assessment system shall be through a duly constituted assessment committee.

Previous regular service whether National or International as Assistant Professor and Associate Professor in a University, National Laboratories or other scientific/professional Organizations such as CSIR, ICAR, DRDO, UGC, ICSSR, ICHR, ICMR, DBT would be counted for direct recruitment and promotion under CAS of a teacher as Assistant Professor, Associate Professor and Professor provided 

If your application is rejected without any valid reason you may proceed legally by initiating suitable legal action as per law

Dr. J C Vashista (Advocate )     08 May 2024

In point 1 & 2 you have stated to have joined as a lecturer in Aug 2008 and promoted as senior lecturer in 2007 by previous employer / a private institute considering your 6 years of experience. Has the fact been considered by present employer / institute (private) and you had accepted its CAS policy at the time of joining ?

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Asmat   08 May 2024

Yes sir....at the time of joining the present institute  considered my past experience and thereby gave me advance increments on  basis of experience and pay was protected.....however the dint gave the designation as lecturer.... senior scale....I fulfill all the conditions laid down by ugc/aicte....for promotion to associate professor.....

When I joined this institute as such no CAS policy was given before mr... However in all the documents given by the college to univ or aicte....they mention that we are giving the promotion as per CAS... career advancement scheme regulations..my question is as per CAS guidelines the past regular experience of candidate has to be considered for direct recruitment or promotion if selected through proper panel interview and working within pay scale...no break in service should be there....what can be done????

P. Venu (Advocate)     08 May 2024

Admittedly, you are employed in a private institution. As such, why you are expecting the private employer to follow CAS policy?

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     08 May 2024

You can file a writ petition in the highcourt in your state.

Dr. J C Vashista (Advocate )     08 May 2024

UGC has laid down crieteria for carear advancement for the teacher employed by Universities and colleges affiliated with it, separately for Ph.D. and separately for M.Phil and others please check the same in your college.

Asmat   08 May 2024

Even the private institutions have to follow CAS....my institute which is an aided institute run by a trust has also given to few people till 2013....after which not a single promotion has been made....only those people got benefitted and took four promotions within the span of 16 yrs and have now become professors....I think legal intervention is the only solution......please suggest

P. Venu (Advocate)     08 May 2024

Which State/University your institution is situated? Is your institution as well your appointment covered by the UGC Scehme?

T. Kalaiselvan, Advocate (Advocate)     08 May 2024

You can have remedy and relief by filing a writ petition against the university on this because the law is common for all in this connection.

Since this is a trust owned institute, they are bound by the law and rules framed for this purpose

Asmat   09 May 2024

What all documents I need to have before filing a cas in education tribunal???

Dr. J C Vashista (Advocate )     10 May 2024

An important / leading judgment was delivered by Supreme Court under Article 29 (2) and 30 (1) of the Constitution of India in the case titled "St. Stephen College V University of Delhi" (1980) regarding administration of minority college, please check if it is applicable in your case as well, before proceeding further

T. Kalaiselvan, Advocate (Advocate)     11 May 2024

The documents pertaining to your educational qualification,  recruitment,  experience,  transfer records from one institution to another and all those documents that you rely upon,  can be secured to file the proposed case before appropriate legal forum. 

Asmat   18 May 2024

Do u think filing a court case would be right???

T. Kalaiselvan, Advocate (Advocate)     19 May 2024

If you do not get any relief through administrative channels, then you have no option than to escalate the matter through legal channel

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