VidhiSangh

Supreme Court of India · 04/09/2023

L.R. PATIL versus GULBARGA UNIVERSITY, GULBARGA

[2023] 12 S.C.R. 104 · 2023 INSC 796

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

Summary

The Court held that a university employee retained his lien on his confirmed Office Superintendent post while serving on probation as Assistant Registrar under an appointment later quashed. Relieving him with permission to take the new appointment did not amount to resignation from public service. He received notional seniority, promotion and pensionary benefits at par with juniors, having retired without working on the promoted post.

Issues

  1. Whether the relieving order amounted to resignation from public service.
  2. Whether lien on the earlier confirmed post continued without a separate request while the new appointment remained probationary.
  3. What consequential relief was appropriate after retirement.

Provisions considered

Held

Result

Appeal allowed without costs. Division Bench judgment set aside; Single Judge’s order restored with modifications granting continued lien and notional service, promotion and pensionary benefits at par with juniors.

Judgment PDF: Supreme Court of India, [2023] 12 S.C.R. 104.