VidhiSangh

Supreme Court of India · 13/04/2022

HARISH CHANDRA SHRIVASTAVA versus THE STATE OF BIHAR AND OTHERS

[2022] 2 S.C.R. 1065 · 2022 INSC 423

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Five Ayurvedic teachers challenged termination following takeover-screening findings that they lacked experience when first privately appointed. The Court held that the governing notification required qualifications and teaching skills to be assessed on 1 June 1986, when all five qualified. It set aside the adverse decisions, directed reinstatement of the still-serving-age teacher and continuity for the four retired teachers. Notional and retirement benefits were granted, but salary for periods not worked was expressly excluded.

Issues

  1. Whether takeover absorption eligibility had to be assessed at initial appointment or the notified takeover cut-off.
  2. What consequential service and retirement relief followed the invalid screening decisions.

Provisions considered

Held

Result

Appeals allowed and the High Court judgments set aside. Dr. Mod Nath Mishra’s reinstatement was directed within one month; the other four received service continuity for applicable retirement benefits. Retirement-dues orders were required within one month and arrears within three months, failing which 12% annual interest would run until payment. Intervening unworked salary was excluded. No costs; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2022] 2 S.C.R. 1065.