Case Note & Summary
The Supreme Court allowed the appeal filed by Karnataka University against the judgment of the Karnataka High Court which had directed that the effective date of promotion of the respondent, Dr. Prabhugouda, under the Career Advancement Scheme (CAS) should be 01.01.2009 instead of 28.10.2013. The respondent was initially working as an Associate Professor in J.S.S College, an affiliated college of Karnataka University. He applied for and was appointed as an Associate Professor in the University's P.G. Department of Studies in Mathematics, joining on 28.10.2013. Subsequently, he was promoted to Professor under CAS with effect from 28.10.2013, considering his past three years of service in the affiliated college. The respondent claimed that he should have been promoted from 01.01.2009, when he completed three years as Associate Professor. The University rejected this claim, leading to a writ petition. The Single Judge and Division Bench of the High Court allowed the petition, interpreting the term 'Colleges' in Clause 12.7 of the University Statute to include affiliated colleges. The Supreme Court reversed this, holding that the preamble and title of the statute clearly limit its application to Universities and Constituent Colleges. Clause 12.7 requires the incumbent teacher to be on the rolls and active service of the University/Colleges (constituent colleges) on the date of consideration. Since the respondent was not in the service of the University or its constituent college before 28.10.2013, he cannot claim promotion from an earlier date. The Court emphasized that the benefit of Clause 17, which allows consideration of previous service, does not permit antedating the effective date of promotion. The appeal was allowed, setting aside the High Court's orders and dismissing the writ petition.
Headnote
A) Service Law - Career Advancement Scheme - Effective Date of Promotion - Interpretation of Statute - The issue was whether the respondent, who was working as Associate Professor in an affiliated college before joining the University, could claim promotion under CAS from a date prior to his joining the University. The Supreme Court held that the incumbent teacher must be on the rolls and active service of the University/Colleges (constituent colleges) on the date of consideration by the Selection Committee. Since the respondent was not in the service of the University or its constituent college before 28.10.2013, he cannot claim promotion from 01.01.2009. The High Court's interpretation that 'colleges' includes affiliated colleges was erroneous. (Paras 12-18) B) Service Law - Career Advancement Scheme - Preamble and Statute - The preamble of the statute clearly states that it applies to teachers of Universities and Constituent Colleges. The term 'Colleges' in Clause 12.7 must be read in the context of the preamble and the title, which refer to 'Constituent Colleges'. Therefore, the benefit of CAS promotion is available only to those on the rolls of the University or its constituent colleges, not affiliated colleges. (Paras 12-13) C) Service Law - Career Advancement Scheme - Previous Service - Clause 17 of the statute allows consideration of previous service for eligibility but not for antedating the effective date of promotion. The respondent's previous service in an affiliated college was considered for eligibility, but the effective date of promotion cannot be prior to his joining the University. (Paras 14-17)
Issue of Consideration
Whether the service rendered by a teacher in an affiliated college prior to joining the University can be considered for determining the effective date of promotion under the Career Advancement Scheme (CAS) when the teacher was not on the rolls of the University or its constituent college at the relevant time.
Final Decision
The Supreme Court allowed the appeal, set aside the impugned judgment of the High Court dated 02.01.2020 and the order of the Single Judge dated 13.03.2019, and dismissed the writ petition filed by the first respondent. No order as to costs.
Law Points
- Interpretation of University Statute
- Career Advancement Scheme
- Effective date of promotion
- Service in affiliated college
- Constituent college vs affiliated college
