Full Judgment Text
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL Nos.3887-3888 OF 2022
(Arising out of SLP (C) Nos.4255-4256 of 2018)
DR. JACOB K. DANIEL Appellant
VERSUS
MAHATMA GANDHI UNIVERSITY,
PRIYADARSHINI HILLS & ANR. Respondents
O R D E R
1. These appeals challenge the judgment and order dated 20.11.2015 passed in
Writ Appeal No.339 of 2015; and order dated 20.09.2017 passed in Review Petition
No.3 of 2016 arising out of the disposal of Writ Appeal No.339 of 2015, by the High
Court of Kerala at Ernakulam.
2. The Special Leave Petitions from which the instant appeals arise were initially
listed with batch of petitions [i.e. SLP (C) Nos.4251-4252 of 2018] filed by the
teaching staff of Mahatma Gandhi University questioning the judgment and orders
which are presently under challenge.
Signature Not Verified
3. The appeals filed by other members of the teaching staff were allowed and the
Digitally signed by Dr.
Mukesh Nasa
Date: 2022.05.21
10:01:22 IST
Reason:
judgment and orders under appeal were set-aside and the order dated 08.01.2014
passed by the Single Judge was restored. The matter concerning the instant appellant
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was however segregated as some of the documents were found to indicate that the
appointment of the appellant was temporary. The matter was therefore directed to be
listed in due course.
4. We have heard Ms. Praseena Elizabeth Joseph, learned Advocate in support of
the appeals and Mr. Sidharth Luthra, learned Senior Advocate for the University.
5. Learned counsel for the appellant invited our attention to the Notification dated
15.07.1996 inviting applications from the qualified candidates for filling up inter alia
post of Lecturer in Mathematics in the Pay Scale of Rs.2200-4000/-. The appellant
who was then working as a Senior Lecturer in Pondicherry Engineering College
offered his candidature and he was selected. The appointment letter issued to the
appellant was as under:
“With reference to his/her application for the post of Lecturer in the College of
Engineering, Thodupuzha, under School of Technology and Applied Sciences
of the University, Sri Dr. Jacob K. Daniel is informed that he has been selected
for appointment as Lecturer in Mathematics in the scale of Rs.2,200 - 4,000 /-.
He is therefore, directed to report for duty before the Director, School of
Technology and Applied Sciences forthwith along with a Medical Certificate of
fitness as required in Rule-13 Part I Kerala Services Rules obtained from a
Medical Officer not below the rank of Assistant Surgeon in a Government
Hospital.
He is informed that his appointment in the University will be governed by
the provisions in Mahatma Gandhi University First Statutes, 1991.”
6. Thereafter, at the request of the appellant, the matter was considered by the
University for protecting his basic pay which he was drawing as a Senior Lecturer in
Pondicherry Engineering College. By communication dated 31.07.1998, the pay of
the appellant was fixed at Rs.3500/- in same pay scale.
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7. All these developments are indicative that the appointment of the appellant was
not on any temporary basis but it was a permanent appointment in the University.
8. We, therefore, allow these appeals on same terms as indicated in our judgment
and order dated 28.02.2019 passed in Abdul Hakeem M.A. & Others v. Mahatma
Gandhi University & Others, SLP (Civil)* Nos.4251-4252 of 2018, reported in (2019)
16 SCC 328.
9. Since the appellant has retired, all the retiral and pensionary benefits shall be
computed on the basis that he was in permanent employment of the University and all
the dues shall be made over to the appellant within eight weeks from today.
10. These appeals are accordingly allowed, with no order as to costs.
……..............................J.
(UDAY UMESH LALIT)
……..............................J.
(S. RAVINDRA BHAT)
…….............................J.
(SUDHANSHU DHULIA)
New Delhi,
May 11, 2022