Back
M. GANGA RAO
Desabathula Ratna Kumar, S/o. D. Rajaratnam – Appellant
Versus
Govt. of A. P. , Higher Education (VC-II) Department – Respondent
ORDER :
The petitioner filed this writ petition seeking writ of mandamus:
(b) to direct the 2nd respondent to admit the petitioner grant-in-aid;
(c) to direct the 1st respondent to pass appropriate orders in ratifying the proposal sent by the 2nd respondent in the matter of appointment of the petitioner as Physical Director;
(d) to direct the respondents to pay the salary for the period functioned till such decision is taken by holding the action of the 1st respondent in not taking any steps or decision in the matter; and
(e) the action of the respondent Nos.1 to 4 in not paying the salary though similarly placed persons are being paid as bad, illegal, arbitrary, unconstitutional and violative of Constitution of India.
2. The petitioner claims that he belongs to BC Community. He passed Masters Degree in Physical Education in the year 1994. The 4th respondent college issued Advertisement dated 04.4.2003 calling for applications to fill up the single and solitary post of Physical Director (Aided post) duly prescribing qualifications. The petitioner submitted his application in response to the advertisement as he
The main legal point established in the judgment is that the petitioner's appointment as Physical Director was not entitled to the benefit of certain government orders and acts, leading to the dismis....
Point of law; It is clearly clarified in this judgment also in line with the earlier judgments also that unless and until the original appointment is a “regular recruitment” in accordance with “the r....
Appointments made with proper oversight and approval cannot be deemed illegal solely due to procedural irregularities, especially when no disciplinary actions have been taken against the appointees.
Absorption into aided posts requires adherence to established rules and qualifications; long service alone cannot justify irregular appointments.
The qualifications for appointment must be judged by the rules in force at the time of selection, not by subsequent amendments.
Long-standing appointments cannot be invalidated without evidence of wrongdoing, emphasizing stability in employment.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
