The Supreme Court directed the reinstatement of the dismissed teacher, the order of the Allahabad High Court was canceled
The Supreme Court has directed a university in Uttar Pradesh to reinstate an assistant professor whose service was terminated in March 2007. The top court, while granting relief to the assistant professor, held that his dismissal was illegal. A bench of Justice DY Chandrachud, Justice Vikram Nath and Justice BV Nagarathna pronounced this judgment on the appeal of the petitioner.
The petitioner challenged the February 2008 decision of the Allahabad High Court. It was said in this order that there is neither any illegality nor any deficiency in the order of the University to cancel the post and terminate its service. The top court set aside the order of the high court and directed the university to reinstate the assistant professor.
The bench also directed them to provide the benefit of continuation of services only for the purpose of pension and retirement benefits, if any. In its judgment dated October 29, the bench said, “In view of the above discussion, we find that the termination of the services of the appellant was illegal and not in accordance with the law.” Consequently, we set aside the order of the High Court and allow the appeal.’
The apex court said that the petitioner would not be entitled to any arrears of salary for the period from March 31, 2007 to the date of reinstatement as he has not worked during the said period on the principle of ‘no work, no pay’. The bench, however, said that he is entitled to ‘notional fixation of pay’ and all other benefits, if any other person holding the same post as the petitioner has been given such benefits by the University.
