Case Law Details
Sree Sankaracharya University of Sanskrit Vs Dr. Manu (Supreme Court of India)
Supreme Court held that Order giving substantial amendment cannot be said to be clarificatory in nature and accordingly, such amendment cannot be given retrospective effect.
Facts- The present appeal has been filed by the Appellant-University assailing the final judgment and order dated 10th August, 2016, passed by the High Court of Kerala at Ernakulam in Writ Appeal No. 254 of 2016. By the impugned judgment, the Division Bench of the High Court dismissed the Writ Appeal filed by the Appellant-University and confirmed the judgment of the learned Single Judge of the High Court, dated 13th October, 2015 whereby the appellant-University was directed to grant two advance increments to Respondent No. 1 in terms of Clause 6.18 of the revised University Grants Commission (“UGC”) Scheme, 1998 and Government Order dated 21st December, 1999, on his placement as a Selection Grade Lecturer.
Conclusion- Held that merely because the subsequent Government Order has been described as a clarification/explanation or is said to have been issued following a clarification that was sought in that regard, the Court is not bound to accept that the said order is only clarificatory in nature. On an analysis of the true nature and purport of the subsequent Government Order dated 29th March, 2001, we are of the view that it is not merely clarificatory, but is a substantial amendment which seeks to withdraw the benefit of two advance increments in favour of a certain category of lecturers. The benefit withdrawn was not anticipated under the previously existing scheme. Therefore, such an amendment cannot be given retrospective effect.
FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER
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