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Supreme Court of India 2022-04-13 allowed

HARISH CHANDRA SHRIVASTAVA vs THE STATE OF BIHAR AND OTHERS

Bench: 2 — Ajay Rastogi, Abhay S. Oka

In Brief

Five Ayurveda teachers at a private college in Bihar sought absorption into government service after the college's take-over under the Bihar Private Medical (Indian System of Medicine) College (Taking over) Act, 1985. They were initially denied absorption because screening committees found they lacked three years of post-qualification teaching experience at the time of their 1978–79 appointment. The Supreme Court held that eligibility must be assessed as of the cut-off date (01st June, 1986), not the appointment date. Since all five had the required qualifications and experience by that date, the Court quashed the rejection orders, directed reinstatement for the teacher below retirement age with notional benefits, and directed release of pension and retiral dues for those above retirement age, with no salary for periods not served.

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