SITIKANATHA MISHRA versus UNION OF INDIA & ORS.

SITIKANATHA MISHRA versus UNION OF INDIA & ORS.

Order of regularization applied to the appellant, deeming him regularized on the post of Professor from 27 January 1997; thus, he held substantive post as Professor and his claim for lien must be considered by the competent authority.

Parties
Appellant: SITIKANATHA MISHRA; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
09 January 2015
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Order
Outcome
Appeals allowed; order of High Court set aside.
Legal Topics
Regularization, Lien, Substantive Appointment, Contractual Appointment
Service Law Regularization Lien Substantive Appointment Contractual Appointment

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Parties

SITIKANATHA MISHRA

Appellant

Union of India & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Order

Legal Issues

  1. 1 Whether the appellant's appointment as Professor could be treated as regular from 27th January, 1997
  2. 2 Whether appointment to the post of Director on contractual basis had the effect of relinquishing lien to the post of Professor in absence of resignation or filling up of the post

Ratio Decidendi

Order of regularization applied to the appellant, deeming him regularized on the post of Professor from 27 January 1997; thus, he held substantive post as Professor and his claim for lien must be considered by the competent authority.

Court Disposition

Appeals allowed; order of High Court set aside.

Orders

  • Competent authority to take fresh decision on appellant's claim of lien within four weeks from receipt of Supreme Court order.
  • If lien is accepted, appellant's service to be treated as continuous for terminal benefits, leave of kind due, but no monetary benefits for period not served.