NDLI: Dr. G. Sadasivan Nair Vs. Cochin University of Science and Technology Represented By Its Registrar, & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Kerala Service Rules
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law – Kerala Service Rules – r. 25(a), Part-III – Benefit under – Appellant was appointed as a Lecturer at the respondent University with effect from 07.09.1984 – Prior to such appointment, he was a lawyer practised for eight years – The appellant made a representation before the Registrar of the respondent University, requesting to reckon his practice of eight years at the Bar for the purpose of determining his pensionary benefits payable to him on his superannuation on the basis of Rule 25 (a), Part III, Kerala Service Rules (KSR) – Registrar rejected his request and relied on the proviso to Rule 25 (a), Part III, KSR which provides that the benefit u/Rule 25 (a) would be available only to such employees who are recruited when practising at the Bar, to those posts requiring a qualification in law and experience at the Bar – The experience at the Bar was not essential for appointment in the instant case – The Chancellor also dismissed the appeal petition – Writ petition filed by the appellant before the High Court was dismissed – Before the Supreme Court, the appellant contended that in the case of one ‘Dr. PLK’, a Professor of Law who was similarly situated as the appellant, the respondent University duly considered the period of practice at the Bar as a part of ‘Dr. PLK’ qualifying service for the purpose of determining pension payable on his superannuation – Held: The appellant and Dr. PLK were in fact similarly situated – Both these individuals were appointed as teaching faculty at the respondent University after practicing as advocates in various Courts – They were both appointed before the proviso to Rule 25 (a) came into effect, i.e. before 12.02.1985 and retired after the said proviso came into force – There are no valid grounds to sustain the application of the proviso in relation to the appellant – The action of the respondent University of selectivelyapplying the proviso to Rule 25(a) in relation to the appellant, while not applying the said proviso in relation to similarly situated persons, is arbitrary and therefore illegal – Therefore, the appellant is entitled to receive pension having regard to his total qualifying service, inclusive of the period of his service at the respondent University and the period of his practice as an Advocate in various Courts of the State.
Judge	Hon'ble Ms. Justice B.V. Nagarathna
Neutral Citation	2021 INSC 808
Petitioner	Dr. G. Sadasivan Nair
Respondent	Cochin University Of Science And Technology Represented By Its Registrar, & Ors.
SCR	[2021] 9 S.C.R. 752
Judgement Date	2021-12-01
Case Number	6994

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Dr. G. Sadasivan Nair Vs. Cochin University of Science and Technology Represented By Its Registrar, & Ors.

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Dr. G. Sadasivan Nair Vs. Cochin University of Science and Technology Represented By Its Registrar, & Ors.

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