VidhiSangh

Supreme Court of India · 06/08/2024

RAJASTHAN AGRICULTURAL UNIVERSITY, BIKANER, THROUGH ITS REGISTRAR versus DR. ZABAR SINGH SOLANKI AND ORS.

[2024] 8 S.C.R. 175 · 2024 INSC 581

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

Summary

Research Assistants of the Rajasthan Agricultural University, re-designated as Lecturers and later Assistant Professors and paid the same UGC scale, claimed the senior scale under the 1988 Career Advancement Scheme, which required eight years of service after regular appointment; in a connected appeal, regularly appointed Assistant Professors sought to count prior ad hoc service. The Supreme Court held that re-designation is not regular appointment, that the CAS is a policy distinct from a general pay revision and must be applied as framed, and that ad hoc service could not be counted. The High Court's orders were set aside, without recovery of amounts already paid.

Issues

  1. Whether Research Assistants re-designated as Lecturers and then Assistant Professors were entitled to the senior scale under the Career Advancement Scheme, which required eight years of service after regular appointment.
  2. Whether re-designation of a post amounts to regular appointment for the purposes of the CAS.
  3. Whether ad hoc service rendered before regular appointment as Assistant Professor can be counted towards the eight years required under the CAS.
  4. Whether amounts already paid under the High Court's orders should be recovered.

Provisions considered

Held

Result

Appeals allowed; High Court orders set aside; respondents held not entitled to CAS benefits on the basis of re-designation or ad hoc service; no recovery of amounts already paid, with pay fixed notionally for retiral purposes and other entitlements preserved; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2024] 8 S.C.R. 175.