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
- Whether expiry of the grant plan and the asserted abolition justified termination of this regular Assistant Professor.
- What reinstatement and financial consequences should follow.
Held
- The appointment letter contemplated possible continuation after the Tenth Plan and did not establish a contractual appointment. University communications acknowledged permanent status, while student strength, funding proposals and continued UGC assistance contradicted the asserted abolition of the post and department. (¶¶ 14, 15, 18, 21, 24, 25, 26)
- The later UGC expert review considered material omitted from the earlier adverse review and recommended continuation on the footing of comparable appointees. The university placed no objection to that recommendation on record. Together with the documentary findings, this supported the conclusion that termination was unlawful. (¶¶ 19, 20, 21, 22, 23, 26, 27)
- Reinstatement as Assistant Professor in Political Science was directed, with continuity only for pension and retirement benefits, if any. Salary for 31 March 2007 to reinstatement was denied on the stated no-work-no-pay basis. Notional salary fixation and other benefits were available if granted to similarly situated persons. (¶ 27)
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.