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Ritu Garg & Ors. vs. Board of Governors BOG & Ors.

Not available · 2025 INSC 1285Decided 29 Oct 2025
Not available
Justice Dipankar Datta · Justice Augustine George Masih

Background

The appellants, Assistant Professors employed at the National Institute of Technology (NIT), Kurukshetra since 2008, aspired to be promoted to the higher, selection-based post of Associate Professor but were found not to meet the eligibility criterion of holding an Academic Grade Pay of Rs. 8,000 for the required minimum period. A Division Bench of the Punjab and Haryana High Court had disposed of their writ petitions (along with a connected case from NIT Jalandhar) in a common order that the appellants found partly adverse to their interests, prompting these appeals limited to the portions of the order affecting them.

Decision Breakdown

The Supreme Court held that the appellants could not be treated as having actually served in the post of Associate Professor for experience purposes, since no genuine appointment or work in that capacity had occurred: an appointment on paper does not substitute for the real experience the eligibility norms require. However, in the interest of fairness on continuity of service, it directed that the appellants be treated as Associate Professors from the date of their "notional appointment" solely for computing terminal/retirement benefits, and directed the NIT Kurukshetra Board of Governors to take an appropriate decision implementing this within a month, while clarifying that a related one-time relaxation under the 2023 Statutes would stand exhausted once acted upon. The order was expressly confined to the Assistant Professors of NIT Kurukshetra and did not disturb the position of any faculty member at NIT Jalandhar.

Lesson Learnt

Eligibility for a promotional post generally requires genuine, actual service in that role, not merely a notional or paper designation, but courts can still calibrate relief so that employees don't lose legitimate service-continuity benefits like pension or gratuity even where a full promotion claim fails.

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

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