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Supreme Court of India 2019-02-28 allowed

Abdul Hakeem M.A. & Ors vs Mahatma Gandhi University & Ors

Bench: 2 — Uday Umesh Lalit

In Brief

Teachers appointed to the University College of Engineering claimed entitlement to AICTE pay revision benefits from 1996, but the university treated them as temporary staff appointed from 2001. The Supreme Court held that appointments against substantive posts created by formal university resolutions, selected through proper procedures, and stated to be governed by university statutes, were permanent substantive appointments. The university's later claim of temporary status was contradicted by contemporaneous AICTE communications describing them as permanent, consistent pay practices, and the fact that an identical claim by other teachers from the same institution was upheld by a Division Bench and affirmed by the Supreme Court. The appeal was allowed and the single judge's decision was restored.

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Education Law University Law Administrative Law Service Law Public Employment Statutory Interpretation Self-Financing Institutions Pay Revision Substantive Appointment

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