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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL  NO(S). 6858 OF 2018 [@ SPECIAL LEAVE PETITION (C) NO. 618 OF 2015]

UNIVERSITY OF KERALA  & ANR.                 Appellant(s)

                               VERSUS

SAIFUL ISLAM.A. & ORS.                       Respondent(s)

WITH

CIVIL APPEAL  NO(S).  6859 OF 2018 [@ SPECIAL LEAVE PETITION (C) NO. 2046 OF 2015]

J U D G M E N T

KURIAN, J.

1. This  is  a  case  where  the  dispute  is  whether  the

experience required for appointment to the post of Reader

should  be  pre-Ph.D.  or  post-Ph.D.;  Ph.D.  being  an

essential qualification for the post of Reader.

2. The Full Bench of the High Court of Kerala has taken

a view in the impugned order that the experience should be

after the acquisition of the essential qualification i.e.

Ph.D.

3. During the pendency of the appeals in this Court,

both the incumbents have retired from service.  The first

respondent (in both matters) – Dr. Saiful Islam A. has

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retired as a Reader on 31.03.2017, i.e. after the impugned

order.  As far as Dr.A. Basheer (appellant in civil appeal

arising out of SLP (C) No. 2046/2015) is concerned, he

continued as a Reader till 31.05.2012, on which date, he

received  pension  as  a  Reader  from  01.06.2012  to

13.02.2015.

4. Having regard to the intervening developments, which

we have referred to above, we are of the view that this is

a fit case for invoking our jurisdiction under Article 142

of the Constitution of India for doing complete justice.

5. Accordingly,  these  appeals  are  disposed  of  as

follows:-

(1) There shall be no recovery of any pay or pensionary

benefits granted to Dr. Basheer.

(2) As far as Dr. Saiful Islam A. is concerned, he shall

be treated to have been appointed to the post of Reader

with  effect  from  01.06.2012,  for  all  purposes.   His

service benefits and retiral benefits shall be settled

accordingly.

(3) The benefits due to Dr. Saiful Islam, as above, shall

be settled and disbursed within a period of three months

from today.

(4)  Dr. Basheer shall be entitled to pension with effect

from 13.02.2015 as Associate Professor and the benefits as

above shall be disbursed within three months from today.

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6. The  impugned  Judgment  of  the  High  Court  stands

modified to the above extent.

.......................J.               [ KURIAN JOSEPH ]  

.......................J.               [ SANJAY KISHAN KAUL ]  

New Delhi; July 19, 2018.