LexVINDU KISHORE SHARMA versus CHANCELLOR, CHAUDHARY CHARAN SINGH
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2015] 10 S.C.R 183 VINDU KISHORE SHARMA v. CHANCELLOR, CHAUDHARY CHARAN SINGH UNIVERSITY, MEERUT & ORS. (Civil Appeal Nos.13724~ 13725 of 2015) NOVEMBER 26, 2015 [JAGDISH SINGH KHEHAR AND R. BANUMATHI, JJ.] A B Service Law- Promotion - Claim of- Post of professor c - Promotion of appellant-reader under the Personal Promotion Scheme to the post of Professor - However, revocation of order of promotion since the appellant did not exercise his option for continuing to be governed under the erstwhile instructions/Scheme - Writ petition challenging D revocation order of promotion - High Court dismissed the writ petition as also the review petition - On appeal, held: For continuing in the erstwhile schem·e, it was imperative for a teacher governed by the conditions of s. 31 A, to optin writing to remain under the said scheme - All those who did not E exercise their express option in writing, would automatically be deemed to have accepted to be governed by the amended scheme - Appellant did not exercise his option, even afterthe issuance of the amended scheme to continue in the original scheme - Claim of the appellant for personal F promotion could not have been considered under the original scheme - Thus, there is no infirmity in the revocation of promotion order - Respondent-University not to make any recovery of emoluments released to him, consequent upon G his promotion to the post of Professor - Appellant having retired from service on attaining the age of superannuation, the respondent to release the retiral benefits to him - In case the appellant is entitled to promotion (or for the benefit of a higher grade) under the amended scheme, appellant to be H 183 184 SUPREME COURT REPORTS [2015] 10 S.C.R. A allowed the same- Uttar Pradesh State Universities Act, 1973 - s. 31A. B c CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 13724-13735 of 2015 From the Judgment and Order dated 11.07.2014 of the High Court of Judicature atAllahabad, in Review Petition No. 9632 of 2014 in CMWP No. 32271 of 2002 and dated 12.12.2013 in CMWP No. 32271 of2002. WITH CONMT. PET. (C) NOS. 479-480/2015 IN D SLP (C) NOS. 33090-33091/2014 Yatish Mohan, Kedar Nath for the Appellant. Pramod Swarup, Ameet Singh, Pareena Swarup, E Sushma Verma, Ankit Malik, Praveen Swarup for the Respondents. The Judgment of the Court was delivered by J. S. KHEHAR, J. C. A. Nos.13724-13725 of 2015 F (Arising out of SLP(C)Nos.33090-33091 of 2014) 1. Leave granted. 2. The appellant-Vindu Kishore Sharma was appointed G as a Reader in the Department of Physics of the Chaudhary Charan Singh University, Meerut (hereinafter referred to as 'the University') on 30.03.1982. The appellant claimed onward promotion to the post of Professor under the "Personal Promotion Scheme". The promotion under the "Personal H Promotion Scheme" was introduced by an amendment of the VINDU KISHORE SHARMA v. CHANCELLOR, C. C. S. 185 UNIVERSITY, MEERUT [J. S. KHEHAR, J.] Uttar Pradesh State Universities Act, 1973 (hereinafter referred .A to as 'the University Act') by inserting Section 31A therein. Section 31A being relevant for the present controversy, is extracted hereunder: . "31-A. Personal promotion to Teachers of University: B (1) Notwithstanding anything to the contrary contained in any other provision of this Act, a Lecturer in the University appointed under Section 31, or a Reader in the University appointed under Section 31 or promoted under this section, who has put in such length of service and C possesses such qualifications, as may be prescribed, may be given personal promotion, respectiyely to the post of Reader or Professor. (2) Sucti personal promotion shall be given on the recommendation of the Selection Committee, D constituted under clause (a) of sub-section (4) of Section 31, in such manner and subject to such conditions as· may be prescri~ed. (3) Nothing contained in this section shall affect the posts E of the teachers of the University to be filled by direct appointment in accordance with the provisions of Section 31." A perusal of Section 31A reveals, that a scheme of personal promotion is contemplated for Lecturers, who can be promoted F as Readers; and for Readers, who can be promoted as Professors. Section 31A also contemplates that eligibility for promotion under the "Personal Promotion Scheme" would be determined on the basis of " ... such qualifications, as may be G pr
Excerpt shown. Read the full judgment & AI analysis in Lexace.