Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Merit Promotion Scheme |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | University Grants Commission-Merit Promotion Scheme-Para 2 (a)--Object and scope of University--lecturer-Promotion as Reader--Requirement of "eight years continuous service "-Appointment as temporary lecturer in Banaras Hindu University--Gap of 3 months and 20 days in service-Appointment as Reader in Nagpur University- Reappointment as permanent lecturer in Banaras Hindu University---Claim for promotion as Reader held sustainable-Held para 2 (a) recognizes eight years service in more than one University-Gap in service held of the nature contemplated by para 2 (a)-Service rendered in Nagpur University held liable to be counted towards eight year service. With a view to providing an incentive to teachers, preventing stagnation and also for improving their efficiency the University Grants Commission evolved a scheme called "Merit Promotion Scheme". On being selected under the said scheme a lecturer is designated as Reader and becomes entitled to a higher pay scale. One of the conditions under the scheme which a lecturer must satisfy before he becomes entitled to promotion is eight years's of continuous service of which at least four years should be in the institution where he is being considered for promotion. The respondent was appointed as a lecturer by the appellant University, on temporary basis, on 26.8.1974 in the Department of Basic Principles in the Institute of Medical Sciences for a period of eleven months. At the end of eleven months, he was re-appointed on the same basis for a further period of eleven months. By means of such appointments he served as a temporary Lecturer from 26.8.197'1 till 31.3.1980. There was no re-appointment thereafter and from 1.4.80 to 20.7.80 he remained. without a job. On 21.7.80 he was appointed as a Reader in the Nagpur University where he served till 20.9.82. On 22.9.82 he was appointed as a permanent lecturer in the appellant-University in the same Department where he worked earlier temporarily and his salary was fixed by giving him fourteen increments so as to protect his last pay drawn at Nagpur . . In 1983 the respondent claimed promotion under the Merit Promotion Scheme but the University rejected his case on the ground that he does not satisfy the requirement of eight years' of continuous service in the cadre because there was a break in his service between 1.4.80 to 20.7.80 and that his service in the Nagpur University cannot be counted. The respondent filed a writ petition in the High Court and pursuant to an interim order passed by the High Court the respondent's case was considered by the Selection Committee and the decision of the Committee was kept in a sealed cover. The High Court allowed the petition by holding: (i) that the respondent's service in the Nagpur University was liable to he counted towards the eight years' continuous service because para 2 (a) of the scheme expressly recognizes service in more than one University; (ii) a long-standing practice of the University was to condone the breaks in service in such cases. Consequently the High Court quashed the University's order rejecting respondent's application and directed the University to place recommendations of the Selection Committee before the Executive Council and to promote him as Reader if he was approved by the Executive Council. The University filed an appeal in this Court contending that (i) the High Court erred in holding that the respondent satisfied the requirement of eight years' continuous service; (ii) the power of the University to condone short breaks in service was exercised in cases only where the delays in reappointment were caused by procedural ) delays in the office of University; (iii) there was a definite break in the respondent's service and such a break has never been condoned by the University. On behalf of the respondent it was contended that para 2 (a) of the scheme recognizes a teacher serving two or more Universities for the purposes of "continuous eight years" service; (ii) the requirement of continuous service should he understood having regard to the underlying aim and object; (iii) In many other cases the University has condoned similar breaks and refusal to do so in his case was arbitrary and discriminatory. |
Judge | Hon'ble Mr. Justice B.P. Jeevan Reddy |
Neutral Citation | 1992 INSC 27 |
Petitioner | Banaras Hindu University, Varanasi And Anr. |
Respondent | Dr. Indra Pratap Singh |
SCR | [1992] 1 S.C.R. 360 |
Judgement Date | 1992-01-24 |
Case Number | 1626 |
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