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S. V. GANGAPURWALA, SANDEEP V. MARNE
State Of Maharashtra – Appellant
Versus
Archana Prakash Charate – Respondent
JUDGMENT
Sandeep V. Marne, J. - Rule. Rule made returnable forthwith. With the consent of the parties, petition is taken up for final hearing.
THE CHALLENGE:-
2. The State of Maharashtra has filed the present petition challenging the judgment and order dated 10th April 2019 passed by the Maharashtra Administrative Tribunal, Mumbai ('Tribunal') in the Original Application No.216 of 2016. The Original Application was instituted by the respondent challenging order dated 7th September 2012 relieving her from the post of Lecturer as well as order dated 13th October 2015 rejecting her application for reinstatement and absorption in service. By the judgment and order impugned in the present petition, the Tribunal has allowed the Original Application by setting aside the orders dated 7th September 2012 and 13th December 2015 and directing petitioners to reinstate her on the post of Lecturer. The Tribunal has further directed petitioners to absorb her in service on par with other lecturers whose services are regularized by Government Resolutions dated 14th January 2015 and 13th March 2015.
FACTS :-
3. A brief factual narration as prologue to the judgment would be necessary. On account of ban imp
The main legal point established in the judgment is that the erroneous termination of a contract employee can lead to their entitlement to regularization in service, based on the unique circumstances....
High Courts, in exercising power under Article 226 of Constitution will not issue directions for regularization unless employees claiming regularization had been appointed in pursuance of a regular r....
Appointments made on contractual basis, without following the regular process of selection as per the relevant rules, do not confer any right to the appointee for regularization.
In order that a mandamus may issue to compel the authorities to do something, it must be shown that the statute imposes a legal duty on the authority and the aggrieved party had a legal right under t....
Temporary or contractual employees lack legal entitlement to regularization unless appointed through lawful selection processes as established by precedent.
The main legal point established in the judgment is that the petitioner's long service as a Trained Graduate Teacher against a substantive vacant post and the Government's decision to declare the non....
(1) There is distinction between irregular and illegal appointment.(2) Mere over-ruling of principles by a subsequent judgment will not dilute binding effect of decision on inter-parties.(3) It is no....
Temporary or casual employment does not confer legal rights to regularization; adherence to proper recruitment processes is mandatory for permanent appointments.
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