Vindu Kishore Sharma v. Chancellor, Chaudhary Charan Singh University, Meerut
Background
Vindu Kishore Sharma joined Chaudhary Charan Singh University, Meerut, as a Reader in 1982. In 1992 he was given a personal promotion to Professor under a 1984 scheme. In 2008, the university withdrew the promotion because he had not given written notice to stay under the 1984 scheme when later schemes were introduced in 1987 and 1989. The High Court dismissed his challenge.
Decision Breakdown
The Supreme Court held that the later schemes required teachers who wanted to stay under the 1984 scheme to exercise a written option within 90 days, and that failing to do so meant the new schemes applied. Because he had not opted in writing, the university was right to withdraw the promotion and the High Court was right to uphold that decision. Because he had enjoyed the promotion for about 16 years, the Court directed that no recovery of the salary he had already been paid should be made. It also directed the university to consider his claim under the 1989 scheme before releasing his retiral benefits, within three months. Both appeals were disposed of on those terms.
Lesson Learnt
When rules introduce a new scheme that requires a written option within a deadline, missing that deadline can cost you the benefit, so check the time limits carefully. Courts may also refuse to recover pay that was received in good faith over a long period.