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by Admin
07 May 2024 2:49 AM
In a recent judgment, the Supreme Court of India ruled in favor of Sebastian Dominic, an appellant who faced a challenge to his promotion based on the validity of his M.Phil degree obtained through Distance Education from VMU. The Court’s decision, delivered on November 30, 2023, addressed the legal issue surrounding the degree’s validity and its implications on the appellant’s promotion.
The key point in the judgment was the Court’s stance on the promotion benefits already granted to Mr. Dominic. Despite the dispute over the validity of his degree, the Court held that the promotion awarded to him with effect from July 23, 2008, should not be disturbed. This decision takes into account the fact that Mr. Dominic had continued to work until his retirement on January 31, 2018, which was more than five years before the judgment.
The Court’s observation on this matter was succinct and pivotal: “Whatever benefits have been granted to him shall not be disturbed.”
This ruling brings clarity to the legal position regarding promotions granted in situations where disputes arise over the validity of qualifications. It underscores the principle of protecting the rights and benefits of employees, especially when they have already retired from service.
While the judgment leaves the question of law regarding the degree’s validity open, it sets a precedent by emphasizing that the benefits already bestowed upon an employee should be upheld, even if a dispute over qualifications arises at a later stage.
This decision by the Supreme Court has significant implications for similar cases in the future, ensuring that individuals who have received promotions and other benefits during their service are not unfairly penalized due to later challenges to their qualifications.
Date of Decision: November 30, 2023
SEBASTIAN DOMINIC VS K.HARRIS & OTHERS ETC.
