K SHEKAR Vs. V INDIRAMMA

LAWS(SC)-2002-2-22

SUPREME COURT OF INDIA (FROM: KARNATAKA)

Decided on February 27,2002

K.SHEKAR Appellant

VERSUS

V.INDIRAMMA Respondents

Referred Judgements :-

B R KAPOOR VS. UNION OF INDIA [REFERRED]
NAVTEJ SINGH VS. SATISH KUMAR KHURANA [REFERRED]

Cited Judgements :-

HARESHBHAI MOHANBHAI PATEL & ORS VS. UNION OF INDIA & ORS [LAWS(BOM)-2018-7-161] [REFERRED TO]
K JAYALAKSHMI VS. PRINCIPAL ARULMIGHU PALANIYANDAVAR WOMEN POLYTECHNIC PALANI [LAWS(MAD)-2002-4-106] [REFERRED TO]
BISWAJIT SARMA VS. STATE OF ASSAM [LAWS(GAU)-2022-2-89] [REFERRED TO]
SANGITA VIDYADHAR MALTE VS. BANSODE NITIN ANANDA [LAWS(BOM)-2016-7-90] [REFERRED TO]
VIPIN SHARMA VS. GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY AND ANR. [LAWS(DLH)-2009-7-473] [REFERRED TO]
JAGDISH PRASAD YADAV VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2017-7-108] [REFERRED TO]
STATE OF U.P. VS. VINDHYAVASINI TIWARI [LAWS(ALL)-2014-4-28] [REFERRED TO]
ONGC EMPLOYEES MAZDOOR SABHA VS. ONGC LIMITED [LAWS(GJH)-2013-4-85] [REFERRED TO]
VIJAY VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-7-277] [REFERRED TO]
VEENA TYAGI VS. UNION OF INDIA [LAWS(CA)-2013-3-8] [REFERRED TO]
ARPITA SWAIN AND ORS. VS. STATE OF ODISHA AND ORS. [LAWS(ORI)-2020-9-23] [REFERRED TO]
BIJU PAUL VS. TAMIL NADU MEDICAL COUNCIL [LAWS(MAD)-2007-1-145] [REFERRED TO]
RAVINDRA DEWAJI DURGE VS. ONGC LTD [LAWS(DLH)-2011-5-268] [REFERRED TO]
RAVINDRA DEWAJI DURGE VS. ONGC LTD [LAWS(DLH)-2011-5-374] [REFERRED TO]
NOORPREET KAUR VS. INSTITUTE OF HOME ECONOMICS UNIVERSITY OF DELHI [LAWS(DLH)-2006-12-5] [REFERRED TO]
ALEX. M. KURIAKOSE VS. STATE OF KERALA AND OTHERS [LAWS(KER)-2018-2-657] [REFERRED TO]
D RANJAN SUNDARA KUMAR VS. SECRETARY GOVERNMENT OF [LAWS(MAD)-2009-5-22] [REFERRED TO]
GURBACHAN LAL VS. UNION OF INDIA AND OTHERS [LAWS(P&H)-2004-4-97] [REFERRED]
RAJ KUMAR SIWACH VS. CHAUDHARY DEVI LAL UNIVERSITY, SIRSA AND ANOTHER [LAWS(P&H)-2006-9-325] [REFERRED]
MADHUMITA DAS VS. STATE OF ORISSA [LAWS(ORI)-2005-9-32] [REFERRED TO]
SURESH SINGH CHAUDHARY VS. STATE OF JHARKHAND [LAWS(JHAR)-2021-7-37] [REFERRED TO]
DHYANENDRA SINGH VS. STATE OF M P [LAWS(MPH)-2006-8-23] [REFERRED TO]
ANJANA THAKUR VS. STATE OF HIMACHAL PRADESH THROUGH PRINCIPAL SECRETARY [LAWS(HPH)-2013-4-79] [REFERRED TO]
PRATHAMKUMAR VS. INDIAN INSTITUTE OF MANAGEMENT [LAWS(GJH)-2005-4-28] [REFERRED TO]
RICHHPAL SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2005-1-3] [REFERRED TO]
DILEEP KUMAR YADAV AND ANOTHER VS. RAJYA KRISHI UTPADAN MANDI PARISHAD AND 3 OTHERS [LAWS(ALL)-2018-11-166] [REFERRED TO]
BISWAJIT SARMA VS. GAUHATI UNIVERSITY [LAWS(GAU)-2022-3-77] [REFERRED TO]
ING PYARILAL S K VS. COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY [LAWS(KER)-2005-5-24] [REFERRED TO]
SHALINI CHINGTHAM VS. MANIPUR PUBLIC SERVICE COMMISSION [LAWS(MANIP)-2019-10-6] [REFERRED TO]
CHHETRAPAL SINGH VS. STATE OF U P [LAWS(ALL)-2004-1-149] [REFERRED TO]
L.UMESH VS. STATE OF KARNATAKA [LAWS(KAR)-2020-12-77] [REFERRED TO]
P SENTHIL VS. PRINCIPAL [LAWS(MAD)-2003-2-48] [REFERRED TO]
ANIL KUMAR BANSAL VS. STATE OF CHHATTISGARH [LAWS(CHH)-2013-10-51] [REFERRED TO]
SIBA PRASAD MISRA VS. VICE CHANCELLOR BERHAMPUR [LAWS(ORI)-2005-1-24] [REFERRED TO]
SARDARI VS. SUSHIL KUMAR [LAWS(SC)-2008-3-40] [REFERRED TO]
HASSAN MOHD. AND OTHERS VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2003-5-229] [REFERRED]
XAVIER P MAO VS. UNION OF INDIA [LAWS(GAU)-2006-10-16] [REFERRED TO]
UNIVERSITY OF KALYANI VS. JATINDRANATH BHAKTA [LAWS(CAL)-2014-8-145] [REFERRED TO]
SHRI KRISHAN VS. UNION OF INDIA [LAWS(DLH)-2011-9-308] [REFERRED TO]
MRS. KARMA DOLMA BHUTIA AND OTHERS VS. STATE OF SIKKIM AND OTHERS [LAWS(SIK)-2010-5-6] [REFERRED TO]
SHILLONG BENCH XAVIER P MAO VS. NORTH EASTERN HILLS UNIVERSITY [LAWS(GAU)-2004-2-53] [REFERRED TO]
RACHNA SHARMA VS. B S N L [LAWS(DLH)-2006-8-83] [REFERRED TO]

JUDGEMENT

Ruma Pal, J. - (1.)The question in these appeals is whether, K. Shekar, the appellant in C.A. No. 355 of 2000 (referred to as the appellant hereafter) is entitled to continue as Additional Professor in the National Institute of Mental Health and Neuro Sciences (NIMHANS). The appellant was initially appointed as Lecturer. The post of Lecturer was re-designated as Assistant Professor pursuant to the 4th Pay Commission. During the pendency of the proceedings, he has been promoted as Associate Professor on 30th June, 1992 and thereafter as Additional Professor with NIMHANS w.e.f. 1st July, 1996. Both the single Judge and the Division Bench of the Karnataka High Court, on an application under Art. 226 filed by the respondent No. 1 have held that he had no such right. This decision has been impugned before us not only by the appellant but also NIMHANS by way of a separate appeal.
(2.)The relation of facts can start with 1984 when the Indian Council of Medical Research (ICMR), New Delhi undertook to set up a project in major institutions and medical colleges for developing advanced research. The Council laid down several conditions subject to which such centers were to be set up, the relevant clause (wherein ICMR is referred to as the Council) being :
"The host institution must undertake to provide the necessary basic facilities for carrying out medical research for a period of at least 5 years. The host institutions are expected to take over the Centres from the Council after the stipulated period when the Council's support has been withdrawn.

(3.)One such Advanced Research Centre was set up at NIMHANS by ICMR which came to be known as the ICMR Advanced Research Centre on Community Mental Health. The appellant was appointed in the Centre as Research Officer in December, 1984.

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