STATE OF U.P. AND ANR. versus DR. S.K. SINHA AND ORS.

Citation: [1994] SUPP. 6 S.C.R. 283 · Decided: 02-12-1994 · Supreme Court of India · Bench: K. RAMASWAMY, N. VENKATACHALA · Disposal: Appeal(s) allowed

Judgment (excerpt)

STATE OF U. P. AND ANR. 
v. 
DR. S. K. SINHA AND ORS. 
DECEMBER2, 1994 
[K. RAMASWAMY ANON. VENKATACHALA, JJ.] 
U. P. State Universities Act, 1973: 
Section 31 (3) (b) Purpose and Applicability of U. P. State University 
(Validation of Appointments) Act, 1984: 
Section 2. Applicability of 
Lecturer-Temporary 
appointment 
against 
leave 
vacancy-
Continuance for a long time-Resumption of duty by regular incumbent-
Termination of temporary appointment held valid-Held temporary 
A 
B 
c 
appointment shall not be deemed to be valid 
D 
The first respondent was appointed as Lecturer in Economics in 
Chaudhary Mahadeo Prasad Degree College against a leave vacancy as 
the regular incumbent proceeded on study leave. The appointment 
letter dated 23-11-1982 clearly stated that the appointment was purely 
temporary terminable within 24 hours notice and that the respondent E 
would be entitled to payment of salary only on receipt of amount from 
the University Grants Commission. On resumption of duty by the 
regular incumbent a notice was issued to Respondent-I for cancelling 
his appointment. The first respondent successfully challenged the notice 
before the Allahabad High Court. 
In appeal to this Court it was contended on behalf of the appellant-
State that since the first respondent was appointed on the leave vacancy 
and the regular incumbent has reported for duty, the appointment 
cannot be said to be valid under Section 2 of the U. P. State University 
(Validation of Appointments) Act, 1984 and Section 31 (3) (b) of the U. 
F 
P. State Universities Act, 1973 and section 2 of the Validation Act had G 
no application. 
Allowing the appeal, this Court 
HELD: 1. The claim of the first respondent for continuance in 
service is negatived. [289 DJ 
H 
283 
284 
SUPREME COURT REPORTS 
(1994] SUPP. 6 S.C.R 
A 
2. The intendment of the U. P. State University (Validation of 
Appointments) Act, 1984 appears to be that when appointment was 
made in excess of the number of pos~ advertised and a candidate was 
duly selected and he was continuing in the post either for want of 
vacancy or there was proper advertisement made or the prescribed 
procedure was not followed then the incumbent who is continuing 
B 
between the aforestated dates namely July 1, 1978 and October 1, 1984 
the date on which the Ordinance has come into force, their 
appointments stood Validated and declared to be valid. It is not the 
case that any such appointments has been made in respect of the first 
respondent. [287 B, C] 
C 
3. The purpose of section 31(3) (b) of the U. P. State Universities 
Act, 1973 appears to be that after the commencement of the Act, any 
teacher is appointed to a temporary post likely to last for more than six 
months and such post is subsequently converted into a permanent post 
or to a permanent post in a vacancy caused by the grant of leave to an 
incumbent for a period exceeding 10 months and such post 
D 
subsequently becomes permanently vacant or any post of same cadre 
and grade is newly created or falls vacant in the same department, then 
unless the Executive Council or the Management, as the case may be, 
decides to terminate his services after giving. an opportunity to show 
cause, it may appoint such teacher in a substantive capacity to that post 
without reference to n Selection Committee. Such is not the case here. 
E 
~~D~~~ 
Uttam Kumar v. U. P. Higher Education Service Commission, 
Allahabad CA No. 4895 of 1989 decided by Supreme Court on 4.8.93 
held inapplicable. 
F 
CIVIL APPELLATE JURISDICTION 
Civil Appeal No 9644 of 
G 
1994. 
From the Judgment and order dated 28.1.93 of the Allahabad High 
Court in C. Misc. W.P. No. 451of1984. 
Dr. B. S. Chauhan, and R. B. Misra for the Appellants 
Yogeshwar Prasad, R. P. Singh, Prashant Kumar, Gulati and Satish Vig 
for the Respondent No.6 
A. K. Srivastava for Respondent in No.1 
H ' 
P. K. Jain and M. C. Diwedi for the Respondent in No. 7 
-. 
STATE OF U. P. v. Dr. S. K. SINHA 
285 
P. K. Jain forthe Respondent in No. 8 
A 
The following Order of the Court was delivered : 
Leave Granted. 
Heard learned counsel for the parties. This appeal by special leave B 
arises from the judgement and order of the Division Bench of the Allahabad 
High Court dated January 28, 1993, in CMWP No. 451/84. One Dr. L. B. 
Sinha while he was working as a Lecturer in Economics in Chowdhary 
Mahadeo Prasad Degree College, Allahabad proceeded at the instance of 
the University Grants Commission to p

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