Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law- Promotion - Claim of- Post of professor - Promotion of appellant-reader under the Personal Promotion Scheme to the post of Professor - However revocation of order of promotion since the appellant did not exercise his option for continuing to be governed under the erstwhile instructions/Scheme - Writ petition challenging revocation order of promotion - High Court dismissed the writ petition as also the review petition |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Service Law- Promotion - Claim of- Post of professor- Promotion of appellant-reader under the PersonalPromotion Scheme to the post of Professor - However,revocation of order of promotion since the appellant did notexercise his option for continuing to be governed under theerstwhile instructions/Scheme - Writ petition challengingrevocation order of promotion - High Court dismissed thewrit petition as also the review petition - On appeal, held: Forcontinuing in the erstwhile scheme, it was imperative for ateacher governed by the conditions of s. 31 A, to opt in writingto remain under the said scheme - All those who did notexercise their express option in writing, would automaticallybe deemed to have accepted to be governed by theamended scheme - Appellant did not exercise his option,even after the issuance of the amended scheme to continuein the original scheme - Claim of the appellant for personalpromotion could not have been considered under the originalscheme - Thus, there is no infirmity in the revocation ofpromotion order - Respondent-University not to make anyrecovery of emoluments released to him, consequent uponhis promotion to the post of Professor - Appellant havingretired from service on attaining the age of superannuation,the respondent to release the retiral benefits to him - In casethe appellant is entitled to promotion (or for the benefit of ahigher grade) under the amended scheme, appellant to beallowed the same- Uttar Pradesh State Universities Act, 1973- s. 31A |
Judge | Honble Mr. Justice Jagdish Singh Khehar |
Neutral Citation | 2015 INSC 869 |
Petitioner | Vindu Kishore Sharma |
Respondent | Chancellor, Chaudhary Charan Singh |
SCR | [2015] 10 S.C.R. 183 |
Judgement Date | 2015-11-26 |
Case Number | 13724-13725 |
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