Supreme Court · 2013 INSC 77 · Decided 5 February 2013
University of Rajasthan and Another v. Prem Lata Agarwal
- Court
- Supreme Court of India
- Citation
- 2013 INSC 77 · [2013] 1 S.C.R. 758
- Case number
- CIVIL APPEAL No. 919/2013
- Decided
- 5 February 2013
- Bench
- K.S. RADHAKRISHNAN, DIPAK MISRA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Constitution
Headnote
SERVICE LAW: c ss. 3(2) and (3) - Pension - Ad hoc Professors/Lecturers - Continued in service - Claim for pensionary benefits - Allowed by High Court - Held: The initial appointment would only protect the period fixed therein - There could not have been continuance of the service afte( the u/s 3(3) and such continuance is to be treated as null and void regard being had to the language employed in s.3(2) - Regulations do not take in their sweep an employee who is not regularly appointed - High Court has applied the doctrine of deemed confirmation which is impermissible - E
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