Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service Law:Pay scale - Assistant Professor filed writ petition seeking direction to University to grant pay scale of Rs.700-1600 recommended by UGC - This Court had directed that petitioner be allowed a consolidated salary worked out by placing them at a basic salary of Rs. 700 p.m., which was the minimum of the scale of Rs. 700-1600 - On recommendations of the Committee constituted by Board of Management, University allowed the UGC pay scales to the petitioner - Notice issued by University for recovery on the ground that UGC scale was wrongly allowed to petitioner which resulted in excess payment - Held, order was passed by University on the basis of the recommendations of the Committee to pay the UGC pay scale at a particular scale which was applicable at the relevant point of time - Hence, Notice of recovery cannot be maintained. Appellant was appointed as Assistant Professor of Law in College of Law, Udaipur on ad hoc basis in the regular pay scale of Assistant Professor. In 1983, he was interviewed for the purposes of selection to the post of Assistant Professor on regular basis. He, however, was not selected and as a result whereof, his services were not continued after 31.5.1983. After a gap of about nine months, he was again appointed in the University on 23.2.1984 against the post of Legal Assistant/Associate but the appointment was liable to be terminated without notice. As Legal Assistant/ Legal Associate, appellant was paid a consolidated salary of Rs.1,200 per month which was enhanced to Rs.1,620 per month. He was terminated from services w.e.f. 14.11.1988 on account of absence from duty. The absence G was due to his having undertaken Ph.D work at Delhi University. After acquiring the Ph.D Degree, he was again appointed by the University on the post of Legal Assistant by its order dated 8.2.1990 on fixed salary of Rs.2,070 per month as stop-gap arrangement The appointment was extended from time to time and the final extension was granted to him until 31.3.2003. After 31.3.2003 services were not extended, with the result that the appellant ceased to be an employee of the University. Appellant along with other Research Assistants/Associates filed batch of writ petitions under Art. 32 of the Constitution of India seeking directions to the University to grant to them the scale of Rs. 700-1600 recommended by the Grant Commission w.e.f 1.1.1973. In that batch of writ petitions, this Court rejected the demand of the petitioners for placement in the scale of Rs.700-Rs.1600. This Court, however, directed that the Research Associates be allowed a consolidated salary to be worked out by placing them at a basic salary of Rs.700 per month, which was the minimum of the, scale of Rs. 700-1600 and also monetary benefits in the form of allowances admissible to regular employees drawing a basic pay of Rs. 700 per month.The Vice Chancellor allowed the UGC pay scales to the appellant. Though initially the appellant was allowed to draw the UGC pay scale, on 13.1.2003 notice was issued to show cause as to why the excess payment made was not to be recovered from him. It was indicated that the UGC scale was wrongly allowed to the appellant which resulted in excess payment. Subsequently, Registrar of the University informed the Dean, College of law, Udaipur that the term of temporary appointment to the appellant was not extended beyond 31.3.2003 as per the decision of the Board of management. Aggrieved appellant successfully filed writ petition. On appeal, the Division Bench partly modified the order and held that regularization was not to be granted as claimed but directed that the appellant's case was to be considered on following the criteria as per the applicable rules and that while subjecting appellant for selection process, past service rendered by him was to be given due weightage. In appeal to this Court, the appellant contended that the High Court did not consider the effect of the fact that the appellant was highly qualified and had rendered uninterrupted and unblemished service of more than a decade; that to deny regularization would be inequitable and unjust and that the notice on the ground that excess payment have been made is without basis. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 21 |
Petitioner | Yamuna Shankar Sharma |
Respondent | State Of Rajasthan & Ors. |
SCR | [2007] 1 S.C.R. 289 |
Judgement Date | 2007-01-09 |
Case Number | 130 |
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