Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law – Respondent No.1 joined the service of the Appellant-University in July 1999 as a Lecturer |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law – Respondent No.1 joined the service of theAppellant-University in July 1999 as a Lecturer – He was placed inthe senior scale and granted four advance increments by virtue ofCl 6.16 of the UGC Scheme dtd.21.12.1999 which provided thatcandidates who had Ph.D. degree at the time of recruitment aslecturers would be eligible for four advance increments – Later,Respondent No.1 was placed as a Selection Grade Lecturer however,while fixing the pay, two advance increments payable on placementof a Lecturer holding a Ph.D. degree as a Selection Grade Lecturer,as per Clause 6.18 of the aforesaid UGC Scheme were not grantedin view of Government Order (G.O.) dtd. 29.03.2001 – Writ petitionfiled – Appellant was directed to pay Respondent No.1, two advanceincrements in terms of Cl 6.18 of the G.O. dtd.21.12.1999 – Held: ALecturer who had a Ph.D. degree at the time of recruitment wasentitled to six advance increments on being placed in the selectiongrade, as stipulated u/cl 6.16 and 6.18 of the G.O dtd. 21.12.1999– The number of advance increments that accrued to such a Lectureron being placed in the selection grade was reduced to four videG.O dtd.29.03.2001 by providing that a teacher who had got thebenefit of advance increments by virtue of having a Ph.D. degreeat the time of recruitment, would not be eligible for advanceincrements on being placed in the selection grade – The benefit ofincrements on being placed in the selection grade was restricted tothose lecturers who obtained a Ph.D. degree subsequent to theirrecruitment – Thus, the subsequent G.O dtd.29.03.2001 substantivelymodified the G.O dtd.21.12.1999 and therefore, cannot be declaredas a clarification and be made applicable retrospectively – Merelybecause it was described as a clarification/explanation, the Courtis not bound to accept that the said order is only clarificatory innature – The benefit withdrawn was not anticipated under the previously existing scheme – Therefore, such an amendment cannotbe given retrospective effect – Respondent No. 1 who was placed inthe selection grade before 29.03.2001 entitled to all the incentivesstipulated in the G.O dtd.21.12.1999 – Judgments of Single Judgeand Division Bench affirmed – Interpretation of Statutes.Interpretation of Statutes – Clari ficatory/declaratory/explanatory provision vis-à-vis a substantive amendment – Operationof, if retrospective – Principles of interpretation – Discussed – ServiceLaw. |
Judge | Hon'ble Ms. Justice B.V. Nagarathna |
Neutral Citation | 2023 INSC 539 |
Petitioner | Sree Sankaracharya University Of Sanskrit & Ors. |
Respondent | Dr. Manu & Anr. |
SCR | [2023] 7 S.C.R. 366 |
Judgement Date | 2023-04-16 |
Case Number | 3752 |
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