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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
KISHORE C.SANT, SUSHIL M.GHODESWAR
Nilkanth, s/o. Manikrao Kulkarni – Appellant
Versus
State of Maharashtra, Through its Secretary, Urban Development Department – Respondent
| Table of Content |
|---|
| 1. writ petition prayers for quashing order, regularization, benefits. (Para 1 , 2 , 3) |
| 2. temporary teacher's continuous service, prior litigation, gr 2002 claim. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. long service deems quasi-permanent for pensionary benefits. (Para 10 , 11) |
| 4. no vacancy bars regularization; temporary excludes retiral benefits. (Para 12 , 13 , 14) |
| 5. 20-year service requires absorption despite vacancy denials. (Para 15 , 16 , 17 , 18 , 19) |
| 6. b.ed. teachers entitled benefits from initial appointment. (Para 20 , 21) |
| 7. direct grant of regularization and retiral benefits. (Para 22 , 23 , 24) |
JUDGMENT :
Sushil M. Ghodeswar, J.
1. Heard.
2. Rule. Rule made returnable forthwith and heard finally with the consent of the parties.
3. Through the instant petition, the petitioner has made the following substantial prayers:-
“(B) By issuance of writ of certiorari or writ or order or direction in like nature, to quash and set aside the order dated 25/03/2009 passed by the respondent no.2; for that purpose issue necessary directions.
(C) By issuance of writ of Mandamus or writ or order in like nature, to direct the respondent no. 6 to prepare and forward the proposal before the
Over 20 years continuous temporary service as qualified teacher entitles regularization and full retirement benefits despite no vacancies, as authorities must absorb or create posts per policy; denia....
The court affirmed that the resignation of a regularized employee should be treated as voluntary retirement, entitling her to pension and retiral benefits under the applicable rules.
Irregular appointments do not confer rights to service regularization or pension benefits; res judicata bars relitigation of previously adjudicated claims.
The court established that a teacher's continuous absence for five years leads to deemed abandonment of service, allowing for regularisation under specific provisions of the Act.
The right to pension is a constitutional right that cannot be taken away without due process, and similarly situated employees must be treated equally under the law.
The actual duties performed by an employee should be considered over the nomenclature of their initial appointment, and the relaxation of provisions in the rules should be extended to similarly situa....
The court affirmed that administrative actions must be taken within a reasonable time frame, and the cancellation of a long-standing appointment based on flawed reasoning is unjustified.
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....
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