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University of Kerala v. Saiful Islam. A. & Ors.

Civil Appeal · 2018 INSC 620Decided 19 Jul 2018
Civil Appeal No. 6858 of 2018
Justice Kurian Joseph · Justice Sanjay Kishan Kaul

Background

The dispute was over whether the teaching experience required for promotion to the post of "Reader" at the University of Kerala had to be experience gained before or after acquiring a Ph.D. (the essential qualification for the post). A Full Bench of the Kerala High Court ruled that the required experience had to be post-Ph.D., against the University's position, and the University appealed. By the time the appeals reached the Supreme Court, both affected teachers, Dr. Saiful Islam A. and Dr. A. Basheer, had already retired.

Decision Breakdown

Given that both individuals had since retired and the dispute had become largely about settling past service and pension benefits rather than an ongoing employment question, the Supreme Court invoked its special constitutional power under Article 142 to do "complete justice" rather than simply ruling on the legal question in the abstract. It ordered that there would be no recovery of any pay or pension already paid to Dr. Basheer, that Dr. Saiful Islam would be treated as appointed Reader with effect from 1 June 2012 for all purposes with retiral benefits settled accordingly, and that both sets of dues be disbursed within three months. The High Court's judgment was modified to this extent rather than being either fully upheld or fully reversed.

Lesson Learnt

When a long-running service dispute becomes moot because the employees involved have since retired, the Supreme Court can use its Article 142 power to craft a practical, fair settlement of pay and pension, rather than deciding an abstract legal question with no one left to apply it to.

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

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