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Supreme Court of India 2023-09-04 allowed

L.R. PATIL vs GULBARGA UNIVERSITY, GULBARGA

Bench: 2 — J.K. Maheshwari, K.V. Viswanathan

In Brief

A government servant appointed to Bangalore University was transferred and promoted to Office Superintendent. He later applied for and was selected to the position of Assistant Registrar, an appointment that was challenged and ultimately quashed by the High Court. Upon restoration to his original post, the University refused to grant him seniority and promotional benefits at par with junior colleagues. The Supreme Court held that the employee's lien on the original post was automatically protected under Rule 20 Note 4 of the Karnataka Civil Service Rules since he was never confirmed substantively on the new post. The Court restored his seniority and awarded all service benefits, including notional promotions and pensionary benefits at par with his juniors.

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Service Law Civil Service Rules Lien Probation Promotion Seniority Administrative Law

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