NDLI: L.r. Patil Vs. Gulbarga University, Gulbarga

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Service Law
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Issues for consideration: Whether the order passed by the Respondent-University pursuant to r.252(b), Karnataka Civil Service Rules, relieving the appellant to accept another appointment ought to be treated as an order accepting resignation; and further on facts, whether on joining the new post, the appellant’s lien on the previous post will be maintained until he is permanently absorbed in the new department in which he is subsequently appointed; and lastly is the appellant entitled to the relief prayed.Service Law – Karnataka Civil Service Rules – r.252(b), r.20, Note 4 – Lien of a government servant on the previous post, when ceases to exist:Held: ‘Lien’ of a government servant only ceases to exist when he/she is appointed on another post ‘substantively’/confi rmed or absorbed permanently – Otherwise, his/her lien would continue on the previous post – In the instant case, lien of the appellant on the previous post of ‘Offi ce Superintendent’ is squarely protected and his lien shall be continued u/r.20, Note 4 as he was never appointed substantively on the new post of ‘Assistant Registrar’ and was continued temporarily on the said post subject to the outcome of the pending litigation challenging his appointment – This factalso fi nds support from the Preamble of the Resolution of the University dated 23.12.2000 – Further, the appointment of appellant to the new post was subject to probation of two years and due to pending litigation, he was continued on a temporary basis despite completion of two years – Further, in terms of r.252(b) relieving order cannot be treated as resignation – Thus, the fi nding recorded by the Writ Appellate Court not sustainable – Appellant entitled to all the service benefits including seniority, consequential promotions and pensionary benefi ts at par with his juniors, though notionally, since he superannuated on 30.06.2007 and has not worked on the promoted post – Impugned order set aside – Order passed by Single Judge restored subject to modifi cations. [Paras 17, 18, 20 and 22]Karnataka Civil Service Rules – r.20, Note 4 – Intention of:Held: As per r.20, Note 4, if a government servant seeks employment in another unit or department or in another cadre or grade in the same department under the Rules, his/her lien on the original appointment shall be continued to be maintained until absorbed in the department or cadre in which he/she is newly appointed. In case the employee is absorbed, he/she shall be entitled to the benefi t of the past service for the purpose of leave and pension – Intention of the said rule is to protect the past service of the government servant in cases where the government servant is not confi rmed or absorbed substantively on the new post on account of his/her failure to satisfactorily complete the probation period or for any other reason. [Paras 14 and 19]Words and Phrases – ‘Lien’ – Discussed – Service Law.
Judge	Hon'ble Mr. Justice J.K. Maheshwari
Neutral Citation	2023 INSC 796
Petitioner	L.R. Patil
Respondent	Gulbarga University, Gulbarga
SCR	[2023] 12 S.C.R. 104
Judgement Date	2023-09-04
Case Number	3254

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

L.r. Patil Vs. Gulbarga University, Gulbarga

Please Log-in to view this content

Dr. M.s. Patil Vs. Gulbarga University and Ors.

Malljkarjun Vs. Gulbarga University

Ganapath Singh Gangaram Singh Rajput Vs. Gulbarga University Rep.by Its Registrar & Others

Dinkar Anna Patil and Ors. Vs. State of Maharashtra and Ors.

Gulbarga University Vs. Mallikarjun S. Kodagali and Anr.

G.n. Nayak Vs. Goa University and Ors.

High Court of Judicature At Bombay Through Its Registrar Vs. Shirish Kumar Rangrao Patil and Anr.

Vice Chancellor, M.d. University, Rohtak Vs. Jahan Singh

Smt. Badami (deceased) By Her L.r. Vs. Bhali

L.r. Patil Vs. Gulbarga University, Gulbarga

L.r. Patil Vs. Gulbarga University, Gulbarga

Please Log-in to view this content

Similar Documents

Dr. M.s. Patil Vs. Gulbarga University and Ors.

Malljkarjun Vs. Gulbarga University

Ganapath Singh Gangaram Singh Rajput Vs. Gulbarga University Rep.by Its Registrar & Others

Dinkar Anna Patil and Ors. Vs. State of Maharashtra and Ors.

Gulbarga University Vs. Mallikarjun S. Kodagali and Anr.

G.n. Nayak Vs. Goa University and Ors.

High Court of Judicature At Bombay Through Its Registrar Vs. Shirish Kumar Rangrao Patil and Anr.

Vice Chancellor, M.d. University, Rohtak Vs. Jahan Singh

Smt. Badami (deceased) By Her L.r. Vs. Bhali

L.r. Patil Vs. Gulbarga University, Gulbarga