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Supreme Court of India 2019-02-28 allowed

ABDUL HAKEEM M.A vs MAHATMA GANDHI UNIVERSITY

Bench: 2 — Uday Umesh Lalit, Indu Malhotra

In Brief

Teachers appointed to substantive posts at a university's self-financing college through regular selection, whose appointments stated they were governed by university statutes, were held to be permanent employees entitled to pay revision benefits. The Supreme Court found that the university improperly reclassified permanent appointments as temporary. Despite the self-financed nature of the institution, no explicit stipulation existed classifying the posts as temporary at the time of creation or notification. The court noted the university had consistently described these faculty as permanent in communications to AICTE and in budgets. The decision reversed a Division Bench judgment that had reached the opposite conclusion for similarly situated teachers from the same institution.

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Employment Law Administrative Law Higher Education Service Conditions Pay Revision Self-Financing Institutions University Statutes

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