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Supreme Court of India 2021-10-29 allowed

DR. SUSHIL KUMAR TRIPATHI vs JAGADGURU RAM BHADRACHARYA HANDICAPPED UNIVERSITY & ANR

Bench: 3 — Dhananjaya Y Chandrachud, Vikram Nath, B.V. Nagarathna

In Brief

Dr. Sushil Kumar Tripathi was appointed as an Assistant Professor in the Political Science Department of Jagadguru Ram Bhadracharya Handicapped University on a post financed by the UGC under the Tenth Five Year Plan. When the plan period ended on 31 March 2007, the University terminated his services despite all other similarly-placed appointees being made permanent. The High Court upheld the termination, but the Supreme Court found it illegal. The Court held that a UGC-sanctioned post cannot be self-abolished merely upon plan expiry without proper assurance arrangements, and selective termination of one employee while making others permanent constitutes discrimination. The Court reinstated the appellant with service continuity for pension purposes but without back salary.

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University Law Service Law Administrative Law Employment Termination Statutory Bodies Higher Education Fundamental Rights

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