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National Institute of Technology v. U. Dinakar

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 5854 of 2014)Decided 30 Jun 2014
Civil Appeal No. 5854 of 2014
Justice Sudhansu Jyoti Mukhopadhaya · Justice Kurian Joseph

Background

A deputy registrar successfully applied for a registrar vacancy advertised with a State pay scale. His appointment letter instead described him as promoted and gave the higher Central scale, which the institute later corrected after notice and replies. The High Court restored the Central scale, treating the inquiry as biased.

Decision Breakdown

The Court allowed the institute's appeal and upheld correction to the advertised State scale. This was a direct-recruitment appointment, so the employee's earlier Central-scale option for the lower post did not govern it. The competent authority could correct a genuine mistake after giving him an effective opportunity to respond, which had occurred. The unsupported allegation against the inquiry chair did not establish bias in the committee's decision. The Court did not decide whether he had personally manipulated the letter.

Lesson Learnt

A mistaken appointment letter does not always create a lasting entitlement to higher pay. Authorities can correct it, but should identify the mistake and give the employee a fair chance to contest the correction.

Official source (sci.gov.in)View Judgment (PDF)

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