Ram Chandra vs State of U.P. and others

Civil Appeal · 2022 INSC 542Decided 10 May 2022
Civil Appeal No. 11212 of 2017
L. Nageswara Rao · B.R. Gavai

Background

The appellant was appointed as a Lecturer and later as a Reader (in Geology) at Bundelkhand University following selection processes involving Selection Committees. Years later, after complaints, the Chancellor conducted a suo motu inquiry under the U.P. State Universities Act, 1973, and found that the University had not properly sought the Chancellor's nomination of subject experts for the Selection Committee, and on that basis set aside the appellant's appointments and promotion, leading to his termination after about 12 years of service. The Allahabad High Court dismissed his challenge to this termination.

Decision Breakdown

The Supreme Court examined the Chancellor's own order and found that two Chancellor-nominated subject experts (nominated years earlier, in 2001) had in fact been part of the Selection Committee that selected the appellant as Reader, so the statutory requirement was substantially satisfied; any failure to seek fresh nominations was the University's fault, not the appellant's. Since there was no finding that the appellant lacked the required qualifications and he had served for 12 years, the Court held the termination was not sustainable in law and set aside the Chancellor's order, the University's order, and the High Court's judgment. Because the appellant had since reached superannuation during the appeal's pendency, the Court moulded the relief: it directed payment of all terminal/retiral benefits (treating the intervening period as continuous service) but without back wages, and directed him to hand over the University accommodation he still occupied.

Lesson Learnt

An employee should not be penalised for a procedural lapse (such as failing to seek fresh expert nominations) that was the employer-institution's responsibility, not the employee's own doing, especially after many years of service; and courts can mould relief practically (e.g., granting terminal benefits without back wages) when a long-pending dispute outlives the employee's tenure.

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