Service Law – Public employment – Terms and conditions –
Appellants were appointed as teachers in the years 2004-2007 in
Department of Pharmaceutical Sciences of a State University
governed by the 1973 Act – Their services were extended from time
to time – The University was converted into a Central University
under the 2009 Act and subsequently, an advertisement was
notified by it in 2011 inviting applications for appointment to
teaching posts inter alia in Department of Pharmaceutical Sciences
– Writ petition filed by appellants-teachers questioning the process
of selection pursuant to the advertisement of 2011; and also the
conditions incorporated in the letter of their appointment restricting
it to be on contract basis for three years – Dismissal of, by High
Court – Held: Not justified – It is not open for a person appointed
in public employment to ordinarily choose the terms and conditions
of which he is required to serve – The bargaining power is vested
with the employer itself and the employee is left with no option but
to accept the conditions dictated by the authority – If that being
the reason, it is open for the employee to challenge the conditions
if it is not in conformity with the statutory requirement under the
law and he is not estopped from questioning at a stage where he
finds himself aggrieved – Once the appellants have gone through
the process of selection provided under the scheme of the 1973
Act regardless of the fact whether the post is temporary or
permanent in nature, at least their appointment is substantive in
character and could be made permanent as and when the post is
permanently sanctioned by the competent authority – Appellants
to be treated as substantively appointed teachers (Associate
Professor/Assistant Professor) and members of service of the
Central University, for all practical purposes, entitled for a pay
scale and notional consequential benefits admissible to a regularly appointed teacher in the service of the Central University under
the 2009 Act – Uttar Pradesh State Universities Act, 1973 – Central
Universities Act, 2009.
Words and Phrases – Appointment – Substantive appointment
– Meaning of – Service Law.