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Supreme Court of India · 01/12/2021

DR. G. SADASIVAN NAIR versus COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY REPRESENTED BY ITS REGISTRAR, & ORS.

[2021] 9 S.C.R. 752 · 2021 INSC 808

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Summary

The Court held that the University arbitrarily denied a retired law professor credit for prior Bar practice when it had granted that benefit to a similarly situated professor. Pension ordinarily follows the rules in force at retirement, but those rules cannot be selectively applied without a valid distinction. Both professors had joined before the restrictive proviso and retired after it. The University was directed to recompute the pension, including qualifying Bar practice, and pay the shortfall from retirement with five per cent interest.

Issues

  1. Whether the University could selectively apply the restrictive pension proviso to deny Bar-practice credit to one of two similarly situated professors.
  2. Whether the rule applicable at retirement justified that differential treatment.

Provisions considered

Held

Result

Appeal allowed. The High Court judgments were set aside and pension recomputation and payment of the shortfall with 5% annual interest directed within two months after receipt; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2021] 9 S.C.R. 752.