Back
M. R. SHAH, M. M. SUNDRESH
The Mahatma Gandhi University – Appellant
Versus
Rincymol Mathew – Respondent
JUDGMENT :
M.R. SHAH, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the Division Bench of the High Court of Kerala at Ernakulam in Writ Appeal No. 1355 of 2019 by which the Division Bench of the High Court has dismissed the said writ appeal preferred by the appellant and has confirmed the judgment and order passed by the learned Single Judge passed in Writ Petition No. 13265 of 2018 directing the appellant University to pass appropriate orders counting the past service of the respondent, who was working as Assistant Professor in the School of Behavioural Sciences under the University, for the purposes of computing the benefits due to her in accordance with the Career Advancement Scheme (hereinafter referred to as “CAS”) under the UGC Regulations, the University has preferred the present appeal.
2. The respondent herein was initially appointed as a Lecturer in the School of Medical Education, a self-financing institution under the appellant University w.e.f. 03.10.1998. The said appointment was consequent to a selection process that was conducted pursuant to administrative sanction accorded by the Vice-Chancellor of the University after obtaini
Promotion – Date of initial appointment is to be counted as regular service for the purpose of grant of benefits in accordance with Career Advancement Scheme (“CAS”) under UGC Regulations.
Past services in private institutions must be counted for Career Advancement Scheme eligibility, and subsequent Executive Councils cannot revoke earlier decisions without lawful basis.
Past service in temporary roles can be counted for promotion under Career Advancement Scheme, aligning with UGC regulations; denial of such benefits violates legal rights.
Past services of a professor can be counted for promotion under UGC regulations, regardless of whether the previous pay scale was higher than UGC standards.
Ad hoc/temporary service >1 year counts for CAS under UGC Regulations Clause 10.1(f) if by Selection Committee and continued to permanent post without break; court directs reconsideration.
Previous regular service in academic positions must be considered for promotion under the Career Advancement Scheme, and universities cannot unjustly require specific documents from prior employment.
The respondent is entitled to Career Advancement Scheme benefits based on her prior service in accordance with AICTE guidelines, as her qualifications were deemed sufficient.
(1) There is distinction between re-designation and regular appointment – Redesignation cannot be said to be a regular appointment.(2) Promotion – Whenever a Scheme/Policy is brought into force, cete....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
