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ABHAY S. OKA, PRASHANT KUMAR MISHRA
Asma Shaw – Appellant
Versus
Islamia College of Science and Commerce Srinagar Kashmir – Respondent
JUDGMENT :
ABHAY S. OKA, J.
FACTS
1. On the basis of an advertisement published by the 6th respondent-University of Kashmir, the appellant applied for the post of Lecturer in the Academic Staff College of the 6th respondent. The 6th respondent appointed the appellant to the said post on tenure basis from 08th September 2001. The 1st respondent-College which is a college fully aided by the State Government published an advertisement inviting applications for various posts including the post of Lecturer in English. The appellant applied as an in-service candidate and her application was forwarded by the Academic Staff College of the 6th respondent to the 1st respondent. Accordingly, the appellant was appointed as a Lecturer in English on a regular temporary basis with the 1st respondent college w.e.f. 16th June 2005. The appellant was initially appointed by the 6th respondent in the pay scale of Rs. 8000-275-13500. The 1st respondent appointed the appellant in the same pay scale. However, her pay admissible on the date of her appointment with the 1st respondent was not protected. Therefore, the appellant made a representation to the 1st respondent to grant pay protection. On 02nd Janu
In case of appointment to another service/cadre or department on direct recruitment basis, pay drawn by government servant at the time of his appointment to another service remains protected – There ....
The main legal point established in the judgment is the interpretation and application of Rule 23 of the Gujarat Civil Services (Pay) Rules, 2002 in the context of pay protection for employees transi....
The main legal point established is that pay protection under clause 11(a)(i)(a) of the University Statute applies only if the employee holds a lien on a permanent post and is not applicable to direc....
Seniority fixed from date of first appointment per service rules, not retrospectively from interview; pay protection allowed from prior employment to prevent discrimination against delayed appointee.
It was also made clear by this court in said case that Universities are not obliged and expected to approve appointments made against non-existent posts.
Pay fixation for in-service direct recruits under Art.77(d) J&K CSR at minimum scale plus personal pay is lawful, protecting emoluments without stage promotion.
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