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2023 Supreme(Online)(SC) 26984

J.K. Maheshwari, K.V. Viswanathan, JJ
L.R. PATIL – Appellant
Versus
GULBARGA UNIVERSITY, GULBARGA – Respondent


Advocates:
For the Appellants/Petitioners: Not mentioned
For the Respondents: Not mentioned

Table of Content
1. validity of tenure and principles governing appointment. (Para 1 , 2)
2. procedural facts regarding appointment and seniority. (Para 3 , 4 , 5)
3. court's ruling on benefits of service and lien continuation. (Para 10 , 11)
4. legal interpretation of lien concerning public sector appointments. (Para 17 , 18 , 19)
5. final conclusion affirming appellant's lien and service benefits. (Para 21)

JUDGEMENT

1. The appellant assails the tenability and validity of the judgment dated 23.10.2009 of the Division Bench of the High Court of Karnataka, Circuit Bench at Gulbarga passed in W.A. No. 10003 of 2009, by which the order passed by learned Single Judge on 27.08.2008 in W.P. No. 4066 of 2006 allowing the petition holding that the appellant had lien over his previous post and directing respondent-University to pay service and pensionary benefits, was set-aside.

    Signature Not Verified (i) Whether the order dated 08.04.1993 passed by the Respondent-Gulbarga University pursuant to Rule 252(b) of Karnataka Civil Service Rules (for short “KCS Rules”), ‘relieving’ the appellant to accept another appointment as ‘Assistant Registrar’ ought to be treated as an order acce




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