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The Mahatma Gandhi University and Ors. vs. Rincymol Mathew

Civil Appeal · 2022 INSC 1197Decided 10 Nov 2022
Civil Appeal No. 8031 of 2022
M.R. Shah · M.M. Sundresh

Background

The respondent was appointed as a Lecturer in 1998 in a self-financing School of Medical Education under Mahatma Gandhi University, later confirmed on probation, and subsequently promoted to Assistant Professor and then Associate Professor, before moving to the University's School of Behavioural Sciences in 2011. A dispute arose over whether her earlier service (1998-2011) could be counted for Career Advancement Scheme benefits under UGC Regulations. The University's Syndicate initially granted this benefit but the Vice-Chancellor later revoked it, saying her original Lecturer post was not duly sanctioned under the University's Statutes. Both the Single Judge and Division Bench of the Kerala High Court ruled in her favour, prompting the University's appeal to the Supreme Court.

Decision Breakdown

The Supreme Court examined Regulation 10.1 of the UGC Regulations, which allows counting of previous service, including ad hoc/temporary service exceeding one year, for CAS purposes, provided the appointment followed a proper selection process, was on the recommendation of a duly constituted Selection Committee, and continued without break into the permanent post. The Court found the respondent's initial appointment as Lecturer had been made after a proper selection process with sanction from the Director and Vice-Chancellor, and that she had worked continuously and was subsequently confirmed and promoted without interruption. It held that even though her original post was technically temporary, it satisfied all the conditions of Regulation 10.1(f), so her service from 1998 was rightly counted for CAS purposes. The Court agreed with the High Court's view, found no error warranting interference, and dismissed the University's appeal, affirming the direction to count the respondent's service from 03.10.1998 for CAS benefits.

Lesson Learnt

Even an initially temporary or ad hoc academic appointment can count toward career-advancement service benefits if it followed a proper selection process, was duly sanctioned, and continued seamlessly into a permanent post: employers cannot unilaterally withdraw a benefit already extended on a technicality after continuous confirmed service.

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

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