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SOMESH THAPLIYAL & ANR. ETC. vs. VICE CHANCELLOR, H.N.B. GARHWAL UNIVERSITY & ANR.

SCR Citation: [2021] 6 S.C.R. 49
Year/Volume: 2021/ Volume 6
Date of Judgment: 03 September 2021
Petitioner: SOMESH THAPLIYAL & ANR. ETC.
Disposal Nature: Appeal Disposed Off
Neutral Citation: 2021 INSC 444
Judgment Delivered by: Hon'ble Mr. Justice Ajay Rastogi
Respondent: VICE CHANCELLOR, H.N.B. GARHWAL UNIVERSITY & ANR.
Case Type: CIVIL APPEAL /3922-3925/2017
Order/Judgment: Judgment
1. Headnote

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.

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Service Law
  • Public employment
5. Equivalent citation
    Citation(s) 2021 AIR 4158 = 2021 (10) SCC 116 = 2021 (10) Suppl. SCC 116 = 2021 (9) JT 249 = 2021 (9) Suppl. JT 249 = 2021 (10) SCALE 213