TaxTMI 
TaxTMI 
TaxTMI 
1994 (4) TMI 400
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....ospital at Saudi Arabia. He was in Saudi Arbia for a period of two years and ten months. The said period was treated as on deputation without pay and allowances. It was directed that he will be entitled to count the said deputation towards increments and other service benefits. It was made clear that this period of deputation on foreign assignment could not be counted as against teaching experience. 3. By Government Order No. 134-HME dated 25.2.86, he was promoted as Assistant Professor on ad hoc basis. Thereafter his services as such came to be regularised on the basis of the recommendation of the Public Service Commission as per Government Order No. 304-HME dated 7.4.89. The respondent was confirmed on the post of Assistant Professor wit....
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....d his counter in the contempt proceedings. Besides, a detailed counter was also filed in the writ petition in which it was stated that the claim of the respondent for promotion was misconceived since such a promotion to the post of Associate Professor under the relevant rule were required to be made by the Public Service Commission or by Departmental Promotion Committee. It was further urged that he did not possess the requisite qualifications/experience eligible for promotion. More than above this, the post of Associate professor was a selection post. Mere gaining of experience was not sufficient to entitle the respondent to claim promotion. 7. On 13.9.93, the appellant was personally present in the court. The learned Judge declined to ac....
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....ge the Tightness or wrongness of the order cannot be urged in the contempt proceedings. Properly speaking, the order to accord promotion dated 21.9.92 though interim in nature, ought to have been obeyed. Not only that was not obeyed but the court was necessitated to issue non-bailable warrants because of the defiant attitude adopted by the appellant. Such an attitude could hardly be commended. Therefore, the High Court was fully justified in not accepting the apology unless the appellant purged himself for contempt. Equally the direction to the Additional Advocate-General not to appear on behalf of the appellant is fully warranted. No interference is called for. 12. Having regard to the above, we have got to balance the dignity of the cour....
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.... of deputation on foreign assignment from reckoning the duration of the teaching experience of the respondent. Therefore, the respondent did not possess the requisite qualification. Fourthly, such necessary qualifications seem to be mandatory under the rules. That being the position to accord such a promotion, will be violative of the rules. Fifthly, the promotion could be granted only by the Service Commission and not by the appellant. 15. From the above, it appears that the appellant was expressing his genuine difficulties with regard to the implementation of the order dated 21.9.92. In such a situation the insistence of the courts on implementation may not square with realities of the situation and the practicability of implementation o....