VidhiSangh

Supreme Court of India · 29/10/2021

DR. SUSHIL KUMAR TRIPATHI versus JAGADGURU RAM BHADRACHARYA HANDICAPPED UNIVERSITY & ANR.

[2021] 10 S.C.R. 416 · 2021 INSC 692

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Summary

The Court ordered reinstatement of an Assistant Professor whose university wrongly treated expiry of the Tenth Plan as ending his appointment. The appointment was regular rather than contractual, the post and department continued, and UGC-supported continuation and treatment of comparable teachers contradicted the university’s stand. Continuity was granted for pension and retirement benefits, with no salary for the non-working period and conditional notional fixation consistent with similarly situated employees.

Issues

  1. Whether expiry of the grant plan and the asserted abolition justified termination of this regular Assistant Professor.
  2. What reinstatement and financial consequences should follow.

Held

Result

Appeal allowed; High Court order set aside and reinstatement directed. Continuity limited to pension and retirement benefits, no back salary for the non-working period, and notional fixation and other benefits subject to parity with similarly situated employees. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2021] 10 S.C.R. 416.