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1992 Supreme(SC) 97

KULDIP SINGH, R.M.SAHAI, S.R.PANDIAN
Karnataka State Private College Stop Gap Lecturers Association: B. R. Parineeth – Appellant
Versus
State of Karnataka – Respondent


Advocates:
D.K.GARG, KAPIL SIBAL, M.VIRAPPA, NOBIN SINGH, P.Mahale, R.K.GARG, R.N.NARASIMHA MURTHY, V.LAKSHMI NARAYANA

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The petitioners, temporary teachers appointed for short durations, sought regularization of their services, claiming they had been employed continuously for years with minimal breaks (!) .

  2. The Court observed that ad hoc appointments are often exploited by managements to bypass rules, leading to unfair treatment of qualified teachers and widespread misuse, especially in private aided colleges (!) (!) .

  3. The existing regulations for temporary appointments in educational institutions are inadequate and have been exploited, resulting in employees being paid lower salaries and being at risk of arbitrary termination (!) (!) .

  4. The Court criticized the practice of paying fixed salaries lower than those of regular teachers, deeming it arbitrary and unconstitutional, and declared such payment methods invalid prospectively (!) (!) .

  5. The Court struck down the requirement of a one-day break in service between appointments, finding it unconstitutional (!) .

  6. It emphasized that teachers appointed temporarily should be paid salaries comparable to regular teachers and should be continued in service until their purpose is served or regular selection is completed (!) .

  7. The Court directed managements to fill permanent vacancies according to rules and warned against arbitrary termination of temporary teachers due to delays, emphasizing the state's responsibility to enforce proper appointment procedures (!) .

  8. The Court acknowledged that some teachers had been regularized based on court orders and that denying benefits solely due to reservation policies or other administrative reasons was unjust (!) (!) .

  9. It mandated that teachers who have worked for three years or more should not be terminated and should be absorbed into regular posts when vacancies arise, with additional posts created if regular selections have been made (!) (!) .

  10. The Court directed that all temporary teachers who have undergone selection processes should be paid salaries equivalent to permanent teachers and be retained during vacations (!) (!) .

  11. The judgment aimed to curb the misuse of temporary appointments, ensure fair treatment of teachers, and uphold constitutional principles of equality and non-arbitrariness in employment practices (!) (!) .

  12. The petition was ultimately allowed, and the Court issued specific directions to the respondents to implement these principles (!) .

  13. Costs were awarded to the petitioners from the State of Karnataka (!) .

These points summarize the Court's reasoning, findings, and directives concerning the regularization and fair treatment of temporary teachers in educational institutions.


JUDGMENT

R. M. SAHAI, J.:- Teachers appointed temporarily for three months or less . by privately managed degree colleges receiving cent per cent grants-in-aid, controlled administratively and financially by the Education Department of the State of Karnataka, seek regularisation of their services by invoking principle of equitable estoppel arising from implied assurance due to their continuance, as such, for years with a break of a day or two every three months. Another basis for direction to regularise is founded on denial of similar treatment by the State as has been extended to contract teachers and local teachers appointed in Government or vocational colleges. Payment of fixed salary instead of regular emoluments for eight months in a year and that too for number of years is yet another grievance.

2. Ad hoc appointments, a convenient way of entry usually from backdoor, at times even in disregard of rules and regulations, are comparatively recent innovations to the service jurisprudence. They are individual problem to begin with, become a family problem with passage of time and end with human problem in court of law. It is unjust and unfair to those who are lesser fortunate in soc





















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