M.R. Shah JUDGMENT
R. Subhash Reddy, J.
1. Leave granted.
2. This civil appeal is filed by the Karnataka University, at Dharwad, through its Registrar and another, aggrieved by the judgment and order dated 02.01.2020, passed in writ appeal No. 100436 of 2019, by the High Court of Karnataka, Dharwad Bench.
3. By the aforesaid Order, Division Bench of High Court has dismissed the writ appeal preferred by the Appellants herein, calling in question the order passed by the learned Single Judge in writ petition No. 100353 of 2018 (S-PRO) dated 13.03.2019 allowing the writ petition and declaring that the effective date of "Career Advancement Scheme" (for short 'CAS') promotion of the first Respondent-writ Petitioner was 01.01.2009 and also directed to grant all consequential benefits to him, as flow from such fixation. In fact, the CAS promotion was already given to the first Respondent-writ Petitioner and pay fixation has already been made, but it was from the date of 28.10.2013.
4. The brief factual matrix of the case is that, the first Respondent-writ Petitioner had claimed his promotion under CAS, promulgated by the UGC, to be given effect from 01.01.2009 instead of 28.10.2013, from which date, promotion is given to the writ Petitioner. The writ Petitioner was earlier working as an Associate Professor, in J.S.S. College, which is affiliated to Karnataka University. In pursuance of syndicate Resolution No. 24 dated 26.10.2013, the writ Petitioner was appointed as an Associate Professor in the P.G. Department of Studies in Mathematics in the University. Pursuant to his appointment, he joined in the service of the University on 28.10.2013 and vide order dated 31.12.2015, his service was confirmed with effect from 28.10.2013.
5. By issuing Circular dated 04.07.2013, the University invited applications for promotion, from eligible Assistant Professors, Associate professor and Professor (stage 5) under CAS. The first Respondent-writ Petitioner made an application in response to the said Circular, for promotion to the post of Professor under UGC, CAS. He appeared for interview on 12.08.2014 before the Board of Appointment (BOA), which has recommended his case for promotion and accordingly promotion order was issued on 16.02.2016, promoting the writ Petitioner as a Professor, with effect from 28.10.2013, that is, from the date of his eligibility, to the said post. He has been promoted to the post of Professor with effect from 28.10.2013, taking into consideration his past three years of service in previous college, where he worked as Associate Professor. The claim of the first Respondent-writ Petitioner in the High Court was that as he has completed three years of service in the cadre of Associate Professor from 01.01.2006 to 01.01.2009, as such, he ought to have been considered for promotion under CAS from 01.01.2009 instead of 28.10.2013. During the relevant time, neither he was in the service of the University nor working in any of the constituent Colleges of the University, but he was in s........