Gauhati High Court Upholds Financial Benefits for Retired Professor Promoted Post-Superannuation

Court rules promotion under Career Advancement Scheme valid for financial gains, not service extension or pension recalculation.

In a significant ruling, the Gauhati High Court has determined that Dr. Satyajit Paul, a former Associate Professor at Jorhat Engineering College, is entitled to financial benefits stemming from his post-retirement promotion to Professor under the Career Advancement Scheme (CAS). However, the Court clarified that this promotion cannot extend his service tenure or affect his pension calculation.

The judgment, delivered by a bench comprising Chief Justice Mr. Ashutosh Kumar and Justice Arun Dev Choudhury, addressed the appeals made by Dr. Paul against a prior decision by a single judge. The case revolved around the applicability of an Office Memorandum dated 28.03.2022, which enabled Dr. Paul's promotion based on the extension of deadlines for completing mandatory training courses, as per the All India Council for Technical Education (AICTE) guidelines.

Dr. Paul was set to retire on 31.03.2022, and the Departmental Promotion Committee (DPC) recommended his promotion to Professor a day before his retirement. This recommendation was, however, based on a memorandum that lacked financial approval from the Finance Department, leading to its withdrawal and the subsequent nullification of his promotion.

The Court, referencing established precedents, noted that while Dr. Paul was notionally promoted to the post of Professor with effect from 17.05.2018, the absence of financial sanction rendered the promotion ineffective in terms of service extension. The Court emphasized that promotions under CAS do not require a vacant post and can be implemented retrospectively for financial purposes, yet they cannot extend the tenure of service post-superannuation.

In its judgment, the Court modified the earlier decision, allowing Dr. Paul to receive financial benefits from the date of notional promotion until his retirement. However, it upheld that his pension would be calculated based on the salary of his substantive post as an Associate Professor.

Legal experts see this ruling as reinforcing the principle that while promotions can be granted retrospectively for financial gains under certain schemes, they do not automatically entail extension of service or modification of pension benefits unless all procedural approvals are obtained.

Bottom Line:

Service Law - Promotion under Career Advancement Scheme (CAS) - Employee promoted to the post of Professor with a retrospective date, but the decision was taken post-superannuation - Entitlement only to financial benefits for the period of promotion till superannuation, not for extended service tenure or pension based on promoted post.

Statutory provision(s): Career Advancement Scheme (CAS), Assam Rules of Executive Business, 1968, Article 166 of the Constitution of India.

Dr. Satyajit Paul v. State of Assam, (Gauhati)(DB) : Law Finder Doc Id # 2810335