Permanent Appointment Determination: Legal Analysis

Explore the legal intricacies of a recent case where the court’s analysis played a crucial role in determining the appellant’s permanent appointment in a university. This summary delves into the nuances of the judgement, which influenced the appellant’s retiral benefits and pensionary considerations, all within the framework of University statutes. Stay informed about the legal perspectives that shaped this significant decision.

Facts

  • The appellant’s appointment in the University was determined to be permanent based on various developments.
  • The judgement allowed the appeals with terms similar to a previous case involving the University.
  • Since the appellant has retired, all retiral and pensionary benefits will be calculated as if he was a permanent employee and paid within eight weeks.
  • No costs were ordered for the appeals.
  • The appellant’s appointment was to be governed by the provisions in Mahatma Gandhi University First Statutes, 1991.
  • The University considered protecting the appellant’s basic pay from his previous position in Pondicherry Engineering College.
  • The appointment letter stated the appellant’s selection as a Lecturer in Mathematics with specific instructions to report for duty.

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Case Title: JACOB.K.DANIEL Vs. MAHATMA GANDHI UNIVERSITY PRIYADARSHINI HILLS (2022 INSC 554)

Case Number: C.A. No.-003887-003888 / 2022

Click here to read/download original judgement

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