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ALOK KUMAR SINHA
Madhwi Jha – Appellant
Versus
Patna University through its Registrar Patna University, Patna – Respondent
Alok Kumar Sinha, J.—
Re: CWJC No. 18289 of 2015
Heard the parties
2. The petitioners in the present writ application has prayed for issuance of a writ of certiorari for quashing the office order dated 19.09.2015 issued on the direction of the Principal, Magadh Mahila College, Patna University, Patna, under the signature of Head Clerk of the College, whereby and where under the petitioners services have been terminated in purported compliance of alleged telephonic instructions of the Vice-Chancellor, for having participated in the strike of the employees union during the period 10.08.2015 to 09.09.2015.
3. Learned counsel for the petitioners submits that the petitioners have approached this Hon’ble Court assailing the legality, validity and propriety of the office order dated 19.09.2015 (Annexure-18), issued under the signature of the Head Clerk, Magadh Mahila College, Patna University, Patna, allegedly on the direction of the Principal, whereby the services of the petitioners were terminated on the purported ground that they had participated in the employees’ union strike during the period 10.08.2015 to 09.09.2015, allegedly in compliance of telephonic instructions of the Vice-Chancel
The court held that the termination of employees for strike participation, without following due process or respecting binding agreements protecting their rights, violated constitutional protections ....
Continuous service exceeding ten years entitles the employee to consideration for regularization, requiring adherence to prior court directives and government orders.
Long-standing service without a formal appointment does not deny employees the right to regularization; discriminatory treatment of similarly situated employees violates principles of equity and fair....
Long-standing service and fulfillment of criteria establish entitlement for regularization under service law, preventing arbitrary denial of rights.
Long-term service in sanctioned positions can warrant regularization despite age limitations in recruitment, emphasizing continuity and eligibility for qualified employees.
Temporary or casual employment does not confer legal rights to regularization; adherence to proper recruitment processes is mandatory for permanent appointments.
The cancellation of an employee's regularization based on arbitrary grounds violates principles of non-discrimination and due process, necessitating restoration of benefits to similarly situated indi....
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