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(viii) Thereafter the matter was heard and decided by the learned Single Judge. The learned Single Judge after considering the controversy, interpreting rule 13(5) of Rules of 1967, various circulars issued by the State Government allowed all the writ petitions and held that the appointment made under Rule 13(5) was a regular appointment, after following due procedure as was envisaged under the rules and directed the appellants to consider the case of the respondents for grant of senior scale/selection grade after treating the services rendered by the respondents from the initial date of appointment, as emergency appointees, as a regular appointment for the purpose of conferring the benefit of senior pay-scale and selection grade. The matter was directed to be placed before the appropriate screening committee and on the recommendations of the screening committee, the benefit should be extended retrospectively, with effect from the date of eligibility of each of the respondents. This order of the learned Single Judge is under challenge in these appeals.

6. The learned Single Judge considering the controversy by the impugned order held thus:-

"42- The criteria for considering a claim for grant of senior payscale or selection grade and the criteria for granting seniority to a personare different. For the purpose of grant of senior pay scale once it is seenthat induction of an employee to the department is in accordance to astatutory prescribed mode contemplated under the Rules, then it has tobe held to be a regular appointment even if on emergency basis. An emergency appointment is one of the methods for induction into the department both as per the Rules of 1967 and the Rules of 1990 and, therefore, respondents cannot contend that it is not a regular appointment. The meaning of the word regular and the import of the same clearly contemplates that anything done as per prescribed norms of the Rule and procedure is regular and, therefore, I am of the considered view that induction of the petitioners into the service after following the procedure contemplated under Rule 13(5) of the Rules of 1967 or Rule 15 of the Rules of 1990 is a regular appointment to the service and such an appointment qualifies the employee to be considered for grant of senior pay scale.

W.A.No.655/2012 & others method of recruitment to the service.

44- That apart, the provision for grant of senior scale and selection grade was incorporated by the UGC in the Scheme formulated by it in the revision of pay scale in November 1988. It is seen that prior to November 1988, initial induction into the department was made in the cadre of Lecturers. Thereafter, there was an avenue for promotion from Lecturer to the post of Assistant Professor and thereafter to the post of Professor and Principal. However, with effect from the year 1988, the post of Lecturers were abolished, inductions were made directly into the post of Assistant Professor and in the cadre of Assistant Professor a different pay scale and senior scale was incorporated and while indicating the provision for grant of selection grade and senior scale, a provision was incorporated by the UGC itself by stipulating certain conditions, including the condition of completing 8 years of service after regular appointment. The words 'regular appointment' as used by the UGC is explained not only by the UGC, but also by the State Government in the circulars issued from time to time, particularly in the Circulars dated 27.11.1990 and 12.2.1992. The UGC clarified the notification issued by it and the clarification for counting of past services was also incorporated in these circulars. If the circulars issued by the UGC and adopted by the State Government are taken note of, it would be seen that in all these circulars certain conditions have been incorporated indicating the manner in which the service of 8 years is to be calculated. One such circular issued by the UGC is 27.11.1990 and the following stipulations are made in the said circular in this regard:

W.A.No.655/2012 & others scale/selection grade provided the three conditions mentioned herein are fulfilled. The conditions are (a) the adhoc service is for more than one year; (b) the incumbent was appointed on the recommendations of a duly constituted Selection Committee; and, (c) the incumbent was selected to the permanent post in continuation to the adhoc service without any break. If these three conditions are fulfilled the ppointment and the service has to be counted for the purpose of placement in senior scale. In the case of all these petitioners even though their appointment is not an adhoc appointment, but their emergency appointment is in a better footing than an adhoc service and is for a period of more than one year duration. They were also appointed on the basis of recommendation of a duly constituted Selection Committee. They were selected to the permanent post as sanctioned in the Recruitment Rules and have continued without any break.