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2023 Supreme(SC) 698

ABHAY S. OKA, PRASHANT KUMAR MISHRA
Asma Shaw – Appellant
Versus
Islamia College of Science and Commerce Srinagar Kashmir – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Abhishek Gupta, AOR
For the Respondent(s): Mr. Shailesh Madiyal, AOR Mr. Vaibhav Sabharwal, Adv. Mr. Akshay Kumar, Adv. Mr. Vinayaka S Pandit, Adv. Mr. Rajan Parmar, Adv. Ms. Divija Mahajan, Adv. Ms. Rakhi M, Adv. Mr. Sudhanshu Prakash, Adv.

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

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