ANJANI KUMAR SHARAN
Mamta Kumari D/o Thakur Prasad Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
ANJANI KUMAR SHARAN, J.
Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner has prayed for following reliefs:
3. Learned counsel for the petitioner at bar submits that he is not pressing the present writ petition for the payment of salary for the period of 11.03.2014 to 13.05.2019, but he is only pressing to regularize the service for the aforesaid period and to give benefit of continuity of service from the date of initial appointment as Panchayat Teacher from the date 02.12.2006 to 13.05.2019.
4. The facts of the present case, in short, is that the petitioner was initially appointed as ‘Panchayat Teacher’ in pursuance of an advertisement published in 2006 f
Gurpreet Singh vs. State of Punjab and Ors. reported in (2002) 9 SCC 492
Panchayat Teachers are contractual employees and not government servants; thus, they are not entitled to the same legal protections regarding continuity of service and back wages as government employ....
Process of judicial interpretation lies in extending or applying by analogy ratio decidendi of an earlier case to a subsequent case which differs from it in certain essentials.
The doctrine of 'no work, no pay' is inapplicable where an employee is prevented from performing duties by an illegal act of the employer. Furthermore, undertakings or contracts obtained under condit....
The court reaffirmed that appointments based on invalid qualifications can be deemed fraudulent and upheld the necessity of proving the legitimacy of educational credentials.
Court affirmed the validity of the petitioner's ongoing employment, rejecting claims of illegality due to lack of adverse findings and directing timely payment of due salary.
The state cannot extract services from an employee without providing corresponding compensation. Under the principle of quantum meruit, an individual who has performed duties is entitled to remunerat....
Employment cancellation without notice violates natural justice principles; adherence to reservation guidelines is mandatory.
Continuous service obligates salary payment despite appointment legality, and equal treatment demands non-discriminatory enforcement of employment rights.
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