Summary
The Court held that the appellant engineering teachers had been regularly appointed to substantive University posts and were entitled to the restored pay-revision relief. The appointment documents and the University’s own treatment of them contradicted its later claim that they were temporary faculty of a separate self-financing institution. A distinct petitioner with an express temporary appointment was segregated.
Issues
- Whether the appellants were substantive permanent teachers or temporary staff of a separate self-financing institution.
- Whether pay-revision benefits could be restricted on the asserted temporary status.
Held
- The resolutions, recruitment notifications, selection process and appointment orders showed substantive appointments without a contractual or fixed-duration qualification. Where temporary or part-time engagement was intended, the University expressly said so in the relevant documents. (¶¶ 4, 7, 8)
- The University could not dissociate the engineering college from itself on this record to deny the appellants’ status and restrict pay revision. The supporting resolutions and communicated appointment terms did not establish the alleged temporary tenure. (¶¶ 9, 11)
- The University had represented the appellants as permanent faculty to AICTE, and included the self-financing institutions’ finances in its fund. Those matters further contradicted its later characterisation of their appointments. (¶¶ 10, 11)
- The Court independently examined the whole record rather than resting only on a favourable decision concerning other teachers. The appellants’ challenge succeeded on its own facts. (¶¶ 12, 13)
- Jacob K Daniel’s petitions required separate consideration because his appointment order expressly described it as temporary. No identical final relief was granted to him in this judgment. (¶ Separate SLP(C) 4255–4256/2018)
Result
Appeals allowed; Division Bench judgments set aside and Single Judge’s order of 8 January 2014 declaring permanent status and directing pay-revision benefits restored. No costs. Jacob K Daniel’s special leave petitions segregated for listing before the appropriate Court.