Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | SERVICE LAW Pension |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | University Pension Regulations, 1990 (0 of 1990) Rajasthan Universities’ Teachers and Officers (selection for Appointment) Act, 1974 (18 of 1974) |
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 Allowed |
Headnote | SERVICE LAW: ss. 3(2) and (3) - Pension - Ad hoc Professors/Lecturers - Continued in service - Claim for pensionary benefits - Allowed by High Court - Held: The initial appointment would only protect the period fixed therein - There could not have been continuance of the service after( the fixed duration as provided u/s 3(3) and such continuance is to be treated as null and void regard being had to the language employed in s.3(2) - Regulations do not take in their sweep an employee who is not regularly appointed - High Court has applied the doctrine of deemed confirmation which is impermissible - Orders of High Court are set aside - Rajasthan Universities' Teachers And Officers (Selection For Appointment) Act, 1974 - University Pension Regulations, 1990 - Regulations 2(i), 22 and 23 - Service Jaw - Pension.The respondents in the instant appeals were appointed as ad hoc Assistant Professors/Lecturers in terms of s. 3(3) of the Rajasthan Universities Teachers and Officers (Selection for Appointment) Act, 1974. Their services were terminated every year and fresh appointment orders were issued and, as such, they continued till the age of superannuation. Thereafter they filed writ petitions claiming pensionary benefits stating that with the coming into force of the University Pension Regulations, 1990, deductions for the purpose were made from their salaries. The single Judge of the High Court allowed the writ petitions. The special appeals filed by the University were dismissed by the Division Bench of the High Court. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2013 INSC 77 |
Petitioner | University Of Rajasthan And Another |
Respondent | Prem Lata Agarwal |
SCR | [2013] 1 S.C.R. 758 |
Judgement Date | 2013-02-05 |
Case Number | 919 |
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